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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Abdul Latheef, S/o. Muhammed @ Kunchippa – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT
The Writ Petition (Crl.) is filed seeking the following reliefs:
“i. Issue a writ of mandamus or other appropriate writ, order directing the 4th respondent C.B.I to take over investigation of Crime No. 687/2023 of Changaramkulam Police Station, Malappuram District and further investigate the case to trace out the petitioner's son.
ii. Grant such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case and one to dispense the English translation of the vernacular documents produced herewith.”[SIC]
2. The petitioner is aggrieved by the investigation conducted in Crime No.687/2023 of Changaramkulam Police Station which was registered under Section 57 of the Kerala Police Act , 2011. The case was initiated based on a complaint filed by the petitioner on 11.07.2023. The petitioner's son, Jamsheer, aged 25 years old, holding Indian Passport No.V4109782 and Aadhar Card No: 611833340315, has been missing since April 2023. Jamsheer, a B.S.C. Electronics degree holder, had been working in Ernakulam and went to UAE on 13.11.2022 in search of employment on a visiting visa. Until 29.03.2023, he regularly communicated with the petitioner's ho
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.
The police must continue investigations into missing persons and cannot indefinitely classify cases as undetected.
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.
High Court may transfer investigation to CBI only when convincing evidence shows local police's inability to conduct a fair inquiry; dissatisfaction alone is insufficient.
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.
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