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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J.
Sreejith V.S., S/o. T.R. Sasidharan Nair & Ors. - Petitioners
Versus
State of Kerala, Represented by Public Prosecutor, High Court of Kerala & Ors. - Respondents
WP(Crl.) No. 758 of 2024
Decided On : 21-05-2025
| Table of Content |
|---|
| 1. petition for transfer of investigation. (Para 2) |
| 2. arguments regarding the current status of investigations. (Para 3 , 4) |
| 3. court's opinion on the case's seriousness. (Para 5) |
JUDGMENT :
The above writ petition (crl) is filed with following prayers :
"1. Issue a writ of Mandamus or any appropriate writ, order or direction to the respondents to hand over investigation pending in all police stations in the State of Kerala against accused persons mentioned in the Ext.P1 complaint in to the State Crime Branch supervised by the 3rd respondent.
2. Grant such other relief as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case." [sic]
2. Based on the complaint of the petitioners and other victims, several cases are registered at different police stations across the State in connection with the Visa scam. The grievance of the petitioners is that the investigation in these cases is to be transferred to the Crime Branch.
3. Heard the learned counsel for the petitioner and the Special Public Prosecutor.
4. The Special Public Prosecutor submitted that the cases are registered at different police stations across the State. The investigation is at the advanced stage. In some cases, the final report is already filed before the jurisdictional court.
5. After hearing both sides, I am of the considered opinion that considering the seriousness of this case, there can be a direction to the 2nd respondent to consider Ext.P1 and decide whether all the remaining cases under the investigation are to be transferred to the Crime Branch.
Therefore, this writ petition (crl) is disposed of with the following directions :
(1) The 2nd respondent is directed to consider Ext.P1 and take appropriate steps in accordance with law and decide whether the remaining cases are to be transferred to Crime Branch.
(2) The above exercise shall be completed by the 2nd respondent as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.
(3) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance.
The court affirmed that serious investigation matters may warrant transfer to specialized agencies to ensure thorough and effective inquiries.
The court held that allegations involving international financial crimes must be investigated by the State Crime Branch as per the stipulated Police Headquarters Circular.
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....
The court upheld the police's decision not to register an FIR based on preliminary enquiry findings, allowing petitioners to seek redress through the Magistrate if dissatisfied.
The court established that the right to a fair investigation is fundamental, and failure by the police to uphold this right necessitates judicial intervention.
Court ensures proper jurisdiction in criminal investigations, directing transfers for efficiency and impartiality.
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