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2013 Supreme(Online)(KER) 9364

HIGH COURT OF KERALA
V.K.MOHANAN, J
FATHIMA ASHRAF – Appellant
Versus
SECRETARY TO GOVERNMENT    Advocate - SRI K A JALEEL, ADDL ADVOCATE GENERAL, SRI K A JALEEL ADDL ADVOCATE GENERAL,GOVERNMENT PLEADER,SRI P CHANDRASEKHARA PILLAI C B I – Respondent


J U D G M E N T

An unfortunate mother, whose son named Appu Mangalanandan, who was doing his LLB course, was found dead on 14.1.2013 in a car bearing registration No.KL-2L- 3773, is the petitioner herein. According to the petitioner, the attempt of the present Investigating Agency and the present Investigating Officer is to establish that the son of the petitioner committed suicide, by inhalation of Carbon Monoxide and according to the petitioner, it is not a case of suicide but it is a clear case of homicide. Thus, according to the petitioner, the investigation presently conducted by the 2nd respondent will not serve any purpose and therefore she preferred the above writ petition under Article 226 of the Constitution of India with the following prayers :

“i) Issue a writ of mandamus commanding the 2nd respondent to hand over the entire files in Crime 49/2013 of the Pathanapuram Police Station to the 3rd respondent and direct the 3rd respondent to proceed further with the investigation.

ii) Such other writ, order or direction which this Hon'ble Court may deem fit and proper to grant in the facts and circumstances of the case.”

2. I have heard Adv.Sri.Salil Narayanan K.A., learned couns

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