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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Joy M.K. – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
This WP(Crl) has been filed for the following prayers.
i “I Issue a writ of mandamus or such other Writ, Order or direction directing the 1st respondent to hand over the investigation to the 2nd respondent for a proper and effective investigation.
ii To issue a writ of mandamus or such other Writ or order directing the 3rd respondent to entrust the investigation of the FIR in Crime No.62/2000 of Koratty police station to any high level team of investigative agency untramelled by the observations and findings so far arrived at.
iii To grant such other reliefs that are deemed fit and proper in the interest of justice.”
2. The father of the petitioner is missing from the year 2000 onwards and the grievance of the petitioner is that there is no proper investigation about the same. Initially, the local police investigate the matter and referred the case as ‘undetected’. Subsequently, the investigation was hand over to Crime Branch and they also filed a report as ‘undetected’. According to the petitioner the attempt of the police is to create an impression that the father of the petitioner absconded himself to escape from the criminal liability of cheating. The petitioner approache
The police must continue investigations into missing persons and cannot indefinitely classify cases as undetected.
The court determined that cases involving multi-state investigations should be handled by central agencies like the CBI when local police are unable to proceed effectively.
CBI investigation warranted when local police fail to conduct fair investigations, especially in cases of serious misconduct and manipulation of evidence.
The court emphasized that seeking a fair investigation is a fundamental right, necessitating the transfer of cases to an independent agency when bias or influence is suspected.
The court established that the right to a fair investigation is fundamental, and failure by the police to uphold this right necessitates judicial intervention.
Point of law : Criminal Law – Transfer of investigation - Transfer of investigation to CBI is not a matter of routine, in extraordinary circumstances by using powers of this Court sparingly in except....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
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