O R D E R

This Writ Petition has been filed to withdraw the F.I.R.

registered in Crime No.245 of 2018 under Section 174 Cr.P.C from the file of the second respondent and to transfer the same to the file of the fourth respondent for proper investigation and also to file a final report.

2.The learned counsel for the petitioner would submit that on

06.11.2018, the son of the petitioner was attacked by three persons with wooden log at his heel, legs, stomach and also on his private part. They also threatened him with dire consequences. Immediately, he was admitted in the Government Hospital, Radhapuram. Again, on 07.11.2018 for higher treatment, he was referred to Government Hospital, Asaripallam, Nagercoil. The same accused persons have also attacked the husband of the petitioner, on 07.11.2018 and as such sustained grievous injuries. He was also admitted in the Government Hospital, Asaripallam, and he had taken treatment for five days. Immediately, he lodged a complaint before the second respondent police Station. Unfortunately, the second and third respondents refused to receive the complaint. At this juncture, the third respondent also threatened that the death of his son only at his hands. Under these circumstances, on 12.11.2018, the petitioner received a message that her son died and her son's body was hanging in the premises of the Government School, Kuttapuli. They also noticed somany injuries on his legs, shoulder and other parts. In the place of occurrence, there was a blood stain on the wall and there was some scribbling written on the wall with the help of blood by the deceased and they found some of the names and reasons for his death. Though the post mortum conducted on the body of the deceased, it reveals some of the injuries on the body of the deceased, many of the injuries and other aspects were not revealed as reported in the Accident Register of the Government Hospital, Radhapuram. Therefore, the petitioner was constrained to file a writ petition in W.P.(MD)No.22860 of 2018 for a direction for conducting re-post mortum. On the direction issued by this Court, second post mortum was conducted and the same was also video graphed. There are somany differences between both the two post mortum with regard to injuries sustained by the deceased. Further, he submitted that the investigation clearly reveals that on the previous occurrence, there are more than 10 accused and the attacked the son of the petitioner herein. Even knowing the said fact, the case was not registered for the offence under Section 302 I.P.C and it was registered only under Section 174 Cr.P.C. There is a clear motive from the accused persons for mischering the death of the petitioner's son as the counter complaint also made by the accused persons and the same was registered in Crime No.240 of 2018. Therefore, there is a clear motive on the accused to murder the son of the petitioner herein. Without considering these facts, the second and third respondents registered the case, which is not in accordance with law. Therefore, he sought for transfer of investigation.

3.Per contra, the learned Government Advocate (criminal side)

filed counter affidavit on behalf of the respondents and submitted that on the complaint lodged by the petitioner a case has been registered in Crime No.245 of 2018 under Section 174 of Cr.P.C. on 12.11.2018. The deceased committed by hanging himself. In fact, he was already attacked by some of the person on 07.11.2018 and he was admitted in hospital. Thereafter, on 12.11.2018, he committed suicide. Further, he submitted that the investigation revealed that the deceased fell in love with one minor girl 14 years old, who is the daugther of one Ranjith belonging from the same village, out of which, there was a dispute between both the families. On 07.11.2018, the deceased and his father along with their relatives went to the house of the minor girl. They have also asked the father of the minor girl to marry her with deceased, for whic