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2021 Supreme(Ker) 533

S.MANIKUMAR, SHAJI P.CHALY
ISACC VARGHESE, STATE PRESIDENT, ALL KERALA ANTI-CORRUPTION AND HUMAN RIGHTS PROTECTION – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For The Appellant : MANSOOR.B.H.
For The Respondent: P. NARAYANAN

JUDGMENT :

S. Manikumar, CJ.

Instant writ petition has been filed with the prayers to issue a writ of mandamus or any other writ order or direction, commanding the 2nd respondent, viz., State Police Chief, Police Headquarters, Thiruvananthapuram, to take action on Exhibit-P3 representation dated 28.05.2021 submitted by the petitioner, seeking effective investigation in Crime No.146/2021 of Kodakara Police Station, and to entrust the investigation to Crime Branch or constitute a Special Investigation Team (SIT), under the supervision of an officer, not below the rank of ADGP.

2. Short facts leading to the filing of the writ petition are, Crime No.146/2021 was registered on the file of Kodakara Police Station under Section 395 of the IPC, in connection with robbery of hawala money, alleged to have been transported from Kozhikode to Kochi, which was meant for election campaigning of a national party in the Kerala Legislative Assembly elections. The crime was registered on the basis of a statement given by one Mr. Shamjeer (the de facto complainant), who was the driver of the car, used for the alleged commission of offence. The crux of the prosecution case is that on 3.4.2021, about 4.40

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