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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J.
Mathew M.M., S/o. Mani Mani & Ors. - Petitioners
Versus
The Kanjirappally Cooperative Agriculture and Rural Development Bank Ltd. & Ors. - Respondents
WP(Crl.) No. 379 of 2021
Decided On : 21-05-2025
| Table of Content |
|---|
| 1. court assesses whether further orders are necessary (Para 2) |
JUDGMENT :
The above writ petition (crl) is filed with following prayers :
“(i) To issue a writ in the nature of mandamus or other appropriate writ or order or direction, directing the 6th, 7th, 8th and 9th respondents to expedite the investigation started from the lodging of Exhibit P24.
(ii) To issue a writ of mandamus or other appropriate writ or order or direction, directing the 6th respondent to constitute a Special Investigation Team to probe deeply into the boundless and diverse aspects of the facts and circumstances stated in the writ petition.
OR
(iii) To issue a writ of mandamus or other appropriate writ or order or direction, directing any other independent investigating agency to probe into the aforesaid facts Band circumstances.
(iv) To call for all relevant records from the respondents herein which lead to the facts and circumstances stated in the writ petition.
(v) To grant such other reliefs as may be prayed for and issue such other order or direction as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.” [sic]
2. Now, the Public Prosecutor submitted that the crime registered is already referred by the police. If that is the case, no further order is necessary.
Therefore, this writ petition is closed.
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.
A writ petition for mandamus seeks to ensure timely investigation, which may be rendered unnecessary upon the filing of a final report.
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 clarified that if a final report is filed in a criminal investigation, aggrieved parties must seek redress through the appropriate jurisdictional court.
The court emphasizes the necessity of timely investigation and report submission in criminal procedures for ensuring justice.
The court determined that further investigation is necessary and set a timeline for completion.
Black money transaction - seeking investigation - Orders have been issued by Deputy Inspector General of Police without ascertaining factual details, Petitioner has not made any verification about co....
Court may dismiss writ petitions where no interference in ongoing investigations is deemed necessary.
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