Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J.
Sadhudharma Prakash, S/o Purushothaman - Appellant
Versus
State Of Kerala - Respondent
WP(Crl.) No. 831 of 2022
Decided on : 26-05-2025
(A) Code of Criminal Procedure - Section 102(1) - Writ Petition for mandamus - Petitioners sought to transfer investigation of Crime No. 213/2021 to a specific officer for effective inquiry and to freeze assets of certain respondents - Court noted that the investigation might have been completed and no interim order was issued during pendency - Petition disposed of with directions for the Investigating Officer to act in accordance with law. (Paras 1-3)
(B) Writ Jurisdiction - The court emphasized that if the final report is filed and the petitioner is aggrieved, they may approach the jurisdictional court for appropriate relief. (Para 3)
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 Kuthiyathodu Police Station to the 3rd respondent for an e and meaningful investigation.
3. This Writ Petition is pending before this Court from 02.09.2022. No interim order is passed by this Court. Probably, the investigation in this case might have been completed and final report is filed. If the final report is filed and the petitioner is aggrieved by the final report, the petitioner is free to do the needful by filing appropriate application before the jurisdictional court. If the final report is not filed, the Investigating Officer will do the needful, in accordance with law.
With the above observation, this Writ Petition(Crl.) is disposed 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 emphasizes the necessity of timely investigation and report submission in criminal procedures for ensuring justice.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
