Achamma Thomas vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 17, 2020

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Citation: sooperkanoon.com/1754444
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Mar 17, 2020
Case Number: Crl.MC/2005/2020

Parties & Advocates

Appellant / Petitioner

Achamma Thomas

Respondent

State of Kerala

Excerpt

.....pathanamthitta p.o., pin-689645. 3 station house officer, sh8, ranni, ranni p.o., pathanamthitta, pin-689672. sri.c.s.hrithwik sr pp this criminal misc. case having come up for admission on 17.03.2020, the court on the same day passed the following:orderdated this the 17th day of march 2020 the petitioner is the mother of deceased binoy baby who died on 04.12.2014 at menam thottam hospital, ranni while he was undergoing treatment for cancer in the abdomen. the initial treatment was in london. the petitioner thereafter filed a complaint at annexure a1 on 12.11.2018, nearly four years after the death of her son, casting aspersions against the wife of the deceased, priyamol philip and some others, stating that he died due to slow poisoning by his wife and her relatives while they were in london, with intention to grab his properties.2. it is pertinent to note that, there is no other medical evidence, not even postmortem report, to the effect that the deceased had died due to poisoning. postmortem was not conducted as there was no complaint made by anyone suspecting the death. report has been filed by the investigating officer to the effect that there is no material whatsoever to proceed with the enquiry after registering a crime against the alleged accused. the investigating officer has refused to register a crime on the basis that there is absolutely nomaterial to make out a cognizable offence against the wife of the deceased. the alleged poisoning had also taken place in london, where the deceased was residing at that time. the investigating officer has filed a report that there is nothing to proceed by registering an fir against the alleged accused.the petitioner is at liberty to file a private complaint before the jurisdictional magistrate with sufficient material in support of her allegations to proceed against the alleged accused. the crl.m.c is absolutely baseless and therefore, dismissed. sd/- ashok menon judge spk appendix petitioner's/s exhibits:.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 17TH DAY OF MARCH 2020 / 27TH PHALGUNA, 1941 PETITIONER: ACHAMMA THOMAS, AGED 80 YEARS W/O. LATE V.T.THOMAS, NOW RESIDENT OF 1510 FALCON -CT, GARLAND, TEXAS, USA-75040, VELUKIZHAKKETHIL HOUSE, ANGADI P.O., RANNI, PATHANAMTHITTA, KERALA- 689693, REPRESENTED THROUGH HER POWER OF ATTORNEY, MR.JOMON JOSEPH, AGED 37 YEARS, S/O.K.M.JOSEPH, KOCHEYATH VEEDU, PAZHAVANGADHI, RANNI, PATHANAMTHITTA-686648. BY ADVS. SRI.SREEKANTH S.NAIR SMT.SHARI N.B. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 2 SUPERINTENDENT OF POLICE, RING ROAD, THAZHEVETTIPRAM, PATHANAMTHITTA P.O., PIN-689645. 3 STATION HOUSE OFFICER, SH8, RANNI, RANNI P.O., PATHANAMTHITTA, PIN-689672. SRI.C.S.HRITHWIK SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 17th day of March 2020 The petitioner is the mother of deceased Binoy Baby who died on 04.12.2014 at Menam Thottam Hospital, Ranni while he was undergoing treatment for cancer in the abdomen. The initial treatment was in London. The petitioner thereafter filed a complaint at Annexure A1 on 12.11.2018, nearly four years after the death of her son, casting aspersions against the wife of the deceased, Priyamol Philip and some others, stating that he died due to slow poisoning by his wife and her relatives while they were in London, with intention to grab his properties.

2. It is pertinent to note that, there is no other medical evidence, not even postmortem report, to the effect that the deceased had died due to poisoning. Postmortem was not conducted as there was no complaint made by anyone suspecting the death. Report has been filed by the investigating officer to the effect that there is no material whatsoever to proceed with the enquiry after registering a crime against the alleged accused. The investigating officer has refused to register a crime on the basis that there is absolutely no

material to make out a cognizable offence against the wife of the deceased. The alleged poisoning had also taken place in London, where the deceased was residing at that time. The investigating officer has filed a report that there is nothing to proceed by registering an FIR against the alleged accused.

The petitioner is at liberty to file a private complaint before the jurisdictional Magistrate with sufficient material in support of her allegations to proceed against the alleged accused. The Crl.M.C is absolutely baseless and therefore, dismissed. Sd/- ASHOK MENON JUDGE spk APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE COMPLAINT DATED 12.11.2018 WITH ACKNOWLEDGEMENT. ANNEXURE A2 TRUE COPY OF THE NEW REPORTED IN MALAYALAM FEATURED NEWS PORTAL PROBODHANAM VOICE DATED 26.3.2016. RESPONDENT'S/S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala Orders · 2020 Same Parties Achamma Thomas vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon