IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 13^TH DAY OF AUGUST 2024 / 22ND SRAVANA, 1946 WP(CRL.) NO. 336 OF 2024 Crime no.709/2021 of PARAVOOR POLICE STATION, KOLLAM PETITIONER(S):

SHOOJA.M, AGED 58 YEARS, S/O MOHAMMED HANEEF, RESIDING AT PORUNNAL PADINJATTATHIL, THAZHATHU CHERRY, KOOTTIKADA, KOLLAM, PIN – 691020.

BY ADVS.

SRI.K.SIJU SRI.S.ABHILASH SMT.ANJANA KANNATH SMT.MARIYA JOSE SMT.JOSHNA JOY RESPONDENT(S):

1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

2 STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN – 695014.

3 THE CITY POLICE COMMISSIONER, OFFICE OF THE CITY POLICE COMMISSIONER, KOLLAM CITY, KOLLAM, PIN – 691001.

4 STATION HOUSE OFFICER, PARAVUR POLICE STATION, KOLLAM DISTRICT, PIN – 691301.

BY ADV ADVOCATE GENERAL OFFICE KERALA OTHER PRESENT:

SRI. NOUSHAD K. A. (PP)

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON

13.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J ......................................................

WP(Crl.) No.336 of 2024 .......................................................

Dated this the 13^th day of August, 2024 JUDGMENT Petitioners seeks for a direction to complete an investigation into a crime. Petitioner is the accused in Crime No.709 of 2021 of Paravur Police Station, Kollam. The offence alleged against him in the said crime is under section 380 of the Indian Penal Code, 1860.

2. The prosecution alleges that, a raid was conducted by the Paravur Police to detect child pornography and during the said raid, a mobile phone allegedly containing obscene videos was seized. However, the mobile phone produced before the court was allegedly a different phone and the petitioner being a Grade Sub Inspector at Paravur Police Station at the relevant time, is alleged to have switched the phone and committed the offfence.

3. Though, the crime was registered as early as in 2021, till date, the final report has not been filed. The learned counsel for the petitioner contented that, the right to speedy trial would include speedy investigation and therefore the continued investigation against the petitioner is affecting his fundamental right.

4. The learned Public Prosecutor upon instructions submitted that, the phone had send to the forensic lab and the report awaited. It was who submitted that the forensic analysis of the mobile phone has now been carried out and a report has also been received on 03.07.2024, pursuant to the interim direction of this Court and that the investigation can be completed without undue delay, at any rate, within an outer period of 4 months from the date of receipt of a copy of this judgment.

5. Since, the investigating officer has undertaken to complete the investigation and file the final report within 4 months, I am of the view that, the said submission can be recorded and the final report can be directed to be filed within the said period.

Accordingly, this writ petition is disposed of, directing that the investigation in Crime No.709 of 2024 of Paravur Police Station be completed as expeditiously as possible, at any rate, within an outer period of 4 months from today.

Sd/-

BECHU KURIAN THOMAS ANA JUDGE APPENDIX OF WP(CRL.) 336/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF FIR IN CRIME NO.709/2021 OF PARAVUR POLICE STATION DATED 1.10.2021.

Exhibit P2 THE COPY OF REMAND REPORT OF THE PETITIONER IN CRIME NO.709/2021 OF PARAVUR POLICE STATION DATED 01.04.2022.

Exhibit P3 THE COPY OF NOTICE DATED 23.01.2024 ALONG WITH THE PUNISHMENT ROLL APPENDED WITH THE NOTICE.

Exhibit P4 THE COPY OF EXPLANATION SUBMITTED BY THE PETITIONER TO EXHIBIT P3 THROUGH PROPER CHANNEL BEFORE THE GOVERNMENT ON

14.2.2024.

Exhibit P5 THE COPY OF JUDGMENT DATED 8.7.2022 IN CC 41/2022 ON THE FILE OF JFMC (TEMPORARY) SOUTH PARAVUR, KOLLAM.

Exhibit P6 THE COPY OF JUDGMENT IN CC 907/2022 DATED 6.1.2023 ON THE FILE O