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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Sadhudharma Prakash, S/o Purushothaman – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The above Writ Petition(Crl.) is filed with the following prayers:
“a) Issue a writ of mandamus commanding the 5th respondent to hand over the investigation of Crime No: 213/2021 of Kuthiyathodu Police Station forthwith to the 3rd respondent for effective and meaningful enquiry and investigation.
b) In the alternative, issue a writ of mandamus commanding the 2nd respondent to constitute a Special Investigation Team under the direct supervision of an efficient superior officer to affect meaningful and effective further investigation as directed by the Hon'ble Judicial First-Class Magistrate Court-I, Cherthala in Crime No: 213/2021 of Kuthiyathodu Police Station.
c) Issue a writ of mandamus commanding the 2nd respondent to take immediate steps to identify all the assets and bank accounts of respondents 7-14 and freeze the same under section 102 (1) of the Code of Criminal Procedure .
d) Grant any other further or consequential reliefs, as may be prayed for and deemed fit by this Hon'ble Court.
e) Dispense with translation of filing vernacular documents.”
2. The main prayer in this Writ Petition is to direct the 5th respondent to hand over the investigation in Crime No.213/2021 of
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 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 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 emphasizes the necessity of timely investigations into allegations of disproportionate assets while ensuring cooperation from the accused.
The police must continue investigations into missing persons and cannot indefinitely classify cases as undetected.
It is of the utmost importance that the judiciary should not interfere with the police in matters which are within their province and into which the law imposes upon them the duty of enquiry. In Indi....
The police have a statutory duty to conduct fair investigations; if they fail, the court may intervene to ensure adherence to constitutional rights.
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