IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Abdul Rahman – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
1. The Writ Petition (Crl.) is filed seeking the following reliefs:
“i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to constitute a special investigation team to conduct proper and effective investigation in the complaints preferred by the petitioners, under the Supervision of the 3rd Respondent herein.
ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to ensure that the guidelines stipulated by the Hon'ble Apex Court in Lalita Kumari v. Government of U.P. & Ors (supra) should be scrupulously followed.
iii. To dispense with the filing of English translation of documents marked in vernacular language.
iv. To grant any such other relief this Hon'ble Court deems fit.”[SIC]
2. The main prayer in this case is to issue a direction to the 2nd respondent to constitute a special investigation team to conduct a proper and effective investigation in the complaints preferred by the petitioners on the supervision of the 3rd respondent.
3. The Public Prosecutor submitted that Crime No. 1157/2024 is registered by the Edakkara Police Station based on the complaint of the 2nd pe
The court directed the 3rd respondent to assess the Case Diary and determine the need for a special investigation team and separate FIRs, emphasizing adherence to established investigative guidelines....
The court held that petitioners should approach the jurisdictional Magistrate court for grievances when a final report has been filed, rather than seeking relief through writ petitions.
The court ruled that once a crime has been referred by police, no further writ intervention is warranted unless shown that justice requires such action.
The court clarified that if a final report is filed in a criminal investigation, aggrieved parties must seek redress through the appropriate jurisdictional court.
The court upheld the police's decision not to register an FIR based on preliminary enquiry findings, allowing petitioners to seek redress through the Magistrate if dissatisfied.
The court affirmed that serious investigation matters may warrant transfer to specialized agencies to ensure thorough and effective inquiries.
Black money transaction - seeking investigation - Orders have been issued by Deputy Inspector General of Police without ascertaining factual details, Petitioner has not made any verification about co....
A superior officer, particularly the head of a Special Investigation Team, is permitted to file a final report under Section 173 of the Cr.P.C., provided lawful delegation occurs.
The police must continue investigations into missing persons and cannot indefinitely classify cases as undetected.
The main legal point established in the judgment is that a superior officer, such as the head of a Special Investigation Team, can be competent to file a final report under section 173 Cr.P.C. even i....
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