The Supreme Court ordered the Central Bureau of Investigation (CBI) to investigate the death of a Malayali medical student in Mangalore on Saturday. The division bench of Justices MR Shah and MM Sundresh also ruled that no additional investigation was conducted and that an abbreviated charge-sheet was filed against the deceased for rash driving and driving under the influence of alcohol.
The bench said that "It is unheard of that an abated charge-sheet can be filed against the deceased who is alleged to have been murdered/killed. Even otherwise, on prima facie consideration of the relevant material on record, more particularly, the photographs produced along with the writ petition, it appears prima facie that it is not a case of simple accident as opined by the Investigating Agency. We are not at all satisfied with the further investigation carried out by the Investigating Agency-CID, Bengaluru. The truth must come out".
The bench also ordered the Karnataka Crime Investigation Department (CID) to hand over the investigation to the CBI and ordered the CID to pay the petitioner, the deceased's father, 1 lakh in costs within four weeks.
The court also observed "Under the circumstances, this a fit case to exercise the powers under Article 32 of the Constitution and to transfer the investigation of the case to the CBI, Bengaluru."
On March 23, 2014, the headless body of Rohit Radhakrishnan, a student at the AJ Institute of Medical Sciences in Mangalore, was discovered near Tannirbhavi.
The initial investigation concluded that the death was the result of an accident. His father petitioned the Supreme Court, challenging the chargesheet against the deceased and requesting a CBI investigation.
After reviewing photographs and other case material, the Supreme Court concluded that it was not, at first glance, a case of simple accident as claimed.
Case Details:-
MS Radhakrishnan vs State of Karnataka
Writ Petition (Crl.) NO. 347 OF 2022
Read the complete judgment on the following link:-
https://main.sci.gov.in/supremecourt/2022/26731/26731_2022_6_37_39441_Order_03-Nov-2022.pdf
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