IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J.
Stefy John, D/O Mary John - Appellant
Versus
State Of Kerala - Respondent
WP(Crl.) No. 891 of 2022
Decided on : 26-05-2025
(A) Writ of Mandamus - The court considered the petitions seeking directions for the formation of a special investigation team and other related orders regarding ongoing investigations. The petitions were disposed of with the observation that petitioners could approach the jurisdictional Magistrate court for further grievances. (Paras 1-4)
(B) Judicial Discretion - The court emphasized that if a final report has been filed, petitioners should seek remedies through the appropriate judicial forum rather than through writ petitions. (Paras 3-4)
Facts of the case:
The petitions were filed seeking various writs to direct respondents to take specific actions regarding investigations and to prevent certain individuals from leaving the country.
Findings of Court:
The court noted that the final report had been filed and the matter was pending before the jurisdictional Magistrate court.
Issues: The main issue was whether the petitioners could seek relief through writ petitions when a final report was already filed.
Ratio Decidendi: The court ruled that the appropriate course for the petitioners was to approach the jurisdictional Magistrate court for any grievances, as the matter was already under judicial consideration.
Result: Writ Petitions disposed of.
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 take appropriate steps to stall the functioning of the 7th respondent.
(vi) pass any such further orders which this Hon'ble Court may consider appropriate in the interest of justice and necessary for ventilating the grievance of the petitioner.
(vii) This Hon'ble Court may be pleased to dispense with the filing of the English Translation of the vernacular documents filed in this Writ Petition on such terms and conditions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.”[SIC]
2. W.P.(Crl.) No.993/2022 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 the offence committed by the respondents No.7 to 15 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 15 from leaving this country.
(iii) Issue writ of mandamus or any other appropriate writ order or direction directing the respondents No. 2 to 6 to consider and pass order in Exhibit P1, P2 and P3 representations.
(iv) Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondents to take appropriate steps to stall the functioning of the 7th respondent and 11th respondent.
(v) Issue a writ of mandamus or any other appropriate writ order or direction directing the 16th respondent to initiate action against the respondent No. 7 to 15.
(vi) pass any such further orders which this Hon'ble Court may consider appropriate in the interest of justice and necessary for ventilating the grievance of the petitioner.
(vii) This Hon'ble Court may be pleased to dispense with the filing of the English Translation of the vernacular documents filed in this Writ Petition (CRL) on such terms and conditions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.”[SIC]
3. When these cases came up for consideration, the Public Prosecutor submitted that the final report in these cases have already been filed and the matter is pending before the jurisdictional Magistrate court.
4. If that be the case, if the petitioners have got any further grievance, the petitioners can approach the jurisdictional Magistrate court with appropriate application. All the contentions raised by the petitioners in these writ petitions are left open.
With the above observation, these Writ Petitions (Crl.) are disposed of.
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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