'Truth Must Come Out' ,' Not A Simple Case Of Accident' : Supreme Court Orders CBI Investigation Into Keralite Medical Student Death In Mangaluru

The Supreme Court directed the Central Bureau of Investigation [CBI] to investigate the death of a medical student in Mangaluru.

Rohit Radhakrishnan, a Keralite, was a student of A J Institute of Medical Science in Mangalore. His headless body was found near Tannirbhavi on March 23, 2014. The investigation that followed concluded that the death was due to an accident. Strangely, an abated charge-sheet was also filed against deceased for the offence of rash driving and for causing death by negligence under Sections 279, 304A IPC read with Section 185 of the Motor Vehicles Act. His father thus approached the Apex Court seeking a direction for investigation in this matter by the CBI.

Referring to the photographs produced along with the writ petition and other materials, the court prima facie said that it is not a case of simple accident as opined by the Investigating Agency. The bench of Justices MR Shah and MM Sundresh observed:

"It is unheard of that an abated charge-sheet can be filed against the deceased who is alleged to have been murdered/killed...We are not at all satisfied with the further investigation carried out by the Investigating Agency-CID, Bengaluru. The truth must come out after thorough and proper investigation by the Investigating Agency."

While directing the CBI to investigate this matter, the court said that the Investigating Agency – CID, Bengaluru has failed to perform its duty by not thoroughly investigating the case and tried to find out the truth. The court also set aside the abated charge-sheet filed against the deceased.

The CBI, Bengaluru, Karnataka is expected to conclude the investigation as early as possible, considering the fact that the incident is of 2014 and the petitioner-father of the deceased is waiting for justice, the bench said.

The court directed CBI to file periodical status report before the High Court every two months on the further investigation carried out. It also directed the CID, Bengaluru to pay costs of Rs.1,00,000/- to the petitioner- M S Radhakrishnan.

Case details

M S Radhakrishnan vs The State Of Karnataka | 2022 LiveLaw (SC) 918 | WP(Crl) 347 OF 2022| 3 November 2022 | Justices MR Shah and MM Sundresh

Headnotes

CBI Investigation - Keralite Medical Student Death in Mangaluru in 2014 - Writ petition filed by his father seeking CBI investigation - Allowed - It appears prima facie that it is not a case of simple accident as opined by the Investigating Agency -  CID, Bengaluru has failed to perform its duty by not thoroughly investigating the case and tried to find out the truth - It is unheard of that an abated charge-sheet can be filed against the deceased who is alleged to have been murdered/killed - Abated charge-sheet set aside.

Click here to Read/Download Order