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2020 Supreme(Ker) 572

S.MANIKUMAR, C.T.RAVIKUMAR
State of Kerala, Represented by Additional Chief Secretary to Government, Department of Home and Vigilance, Government of Kerala – Appellant
Versus
Krishnan S/o. Koran – Respondent


Advocates Appeared:
For the Appellants : Sri. Maninder Singh(SR), Sri. Suman Chakravarty, Sr.Govt.Pleader and Sri. P. Narayanan, Sr. Govt. Pleader, Sri. V. Manu, Senior Govt. Pleader.
For the Respondents: Sri. T. Asafali, Smt. Laliza. T.Y., Sri. Sasthamangalam S. Ajithkumar, SPL.PP.

JUDGMENT :

Ravikumar, J.

The State of Kerala and two of its officers viz., the State Police Chief and the Station House Officer, Bekal Police Station have come up in appeal on being aggrieved by the judgment dated 30.9.2019 in W.P.(C)No.10265 of 2019. As per the impugned judgment, the learned Single Judge set aside the report filed under Section 173(2) of the Code of Criminal Procedure, 1973 (for brevity 'Cr.P.C.' only) in Crime No.75/CB/KNR&KSD/2019 of Crime Branch, Kasaragod (Crime No.81 of 2019 of Bekal Police Station), before the committal Court viz., the Judicial First Class Magistrate Court-II, Hosdurg and transferred its investigation to the Central Bureau of Investigation (CBI). In this context, it is worthwhile to refer to the reliefs sought for, in the writ petition filed by respondents 1 to 4 herein. They read thus:-

    “(i) Issuing a Writ of Mandamus or any other writ or order directing the 4th respondent to investigate the case viz., FIR No.81/2019 of Bekal Police Station, Kasargod district, Kerala (Corresponding to re-registered FIR No.75/2019 of CB) and file charge she

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