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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Stefy John, D/O Mary John – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
W.P.(Crl.) No.891/2022 is filed seeking the following reliefs:
“(i) issue a writ of mandamus or any such other writ or order or directing the respondent No 2 to 4 to form a special investigation team headed by an officer not less than the rank of Deputy Superintend of Police to investigate Exhibit P10 to P12 FIR and complete the said investigation in a time frame as stipulated by this court under its supervision and guidance;
(ii) issue a writ of mandamus or any other appropriate writ order or direction directing the respondents No. 2 to 4 to take appropriate steps to prevent the respondent No. 7 to 11 from leaving this country.
(iii) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents No. 5 and 6 to comply the direction issue by the 3rd respondent to take urgent and appropriate action on Exhibit P15 complaint filed by the petitioners.
(iv) Issue writ of mandamus or any other appropriate writ order or direction directing the respondents No. 2 to 4 to consider and pass order in Exhibit P13, P15 and P17 representations.
(v) Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondents to ta
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 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 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 emphasized the need for timely police action on complaints to ensure justice is upheld.
The court held that a writ of mandamus is unnecessary when the relief sought has already been provided.
A writ petition for mandamus seeks to ensure timely investigation, which may be rendered unnecessary upon the filing of a final report.
The court affirms the importance of continuity in criminal investigations by directing the retention of the Special Investigation Team, thereby safeguarding the integrity of the investigative process....
Judicial review cannot compel investigation; appropriate remedies should be pursued before the Tribunal.
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