The Court emphasized the necessity for impartial investigations in cases involving suspicious deaths.

JUDGMENT

The prayers in this Writ Petition filed under Article

226 of the Constitution of India are as follows:-

”(i) Issue a writ of Mandamus or any other appropriate writ, order, or direction, commanding the 2^nd Respondent to forthwith hand over the investigations of Crime No.1248 of 2025 of Kasaragod Police Station to the 5^th Respondent, the Director General of Police, Crime Branch, for a fair, consolidated, and time-bound investigation by a competent officer.

ii) Issue a writ of Mandamus or any other appropriate writ, order, or direction, commanding the 3^rd Respondent to forthwith hand over the investigations of Crime No.1248 of 2025 of Kasaragod Police Station to a special investigation team headed by an officer not below the rank of DYSP;

iii) This Hon’ble Court may be pleased to dispense with translation of the documents produced in vernacular language;

iv) issue any other writ order or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case; ”

2. The petitioner is the mother of Muhammed Mubasheer who died on suspicious circumstances in the Sub Jail, Kasaragod on 26.11.2015. Based on the complaint given by the Assistant Prison Officer, the Kasaragod Police registered Crime No.1248/2025 under Section 194 of BNSS . The investigation as provided under Section 194 of is going on.

3. The learned counsel for the petitioner submitted that there is no attempt on the part of the Police to unearth the suspicious circumstances behind the death of Muhammed Mubasheer. It is submitted that the relatives of the victim approached the Police Officer who is conducting the enquiry and investigation under Section 194 of the BNSS .

However, no patient hearing was afforded to them.

4. The learned Public Prosecutor, upon instructions, submitted that the Police is conducting a fair and honest investigation with due diligence. The learned Public Prosecutor further submitted that a Magisterial enquiry is also going on. It is submitted that a conclusion regarding the cause of death of the victim is possible only after getting Chemical Analysis Report. The petitioner alleges bias on the part of the Investigating Officer. It is submitted that the time of death noted in the post-mortem report projects suspicion regarding the death of the victim. The petitioner apprehends that the truth will not come out, if the enquiry under Section

194 is done by the local Police.

5. Having considered the concern of the petitioner and the rival contentions, the investigation in Crime No.1248/2025 of Kasaragod Police Station is transferred to the District Crime Branch, Kasaragod. Respondent No.3 shall issue necessary orders transferring the investigation in Crime No.1248/2025, Kasaragod Police Station to the District Crime Branch, Kasaragod. The investigation shall be headed by respondent No.5, the Deputy Superintendent of Police, District Crime Branch, Kasaragod.

The Writ Petition is disposed of as above.

Sd/-