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HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
GREESHMA @ SREEKUTTY – Appellant
Versus
THE DEPUTY SUPERINTENDENT OF POLICE – Respondent
Crl.MC 153/2024
Final Report - Special Investigation Team - The head of a special investigation team, who is not the officer-in-charge of a police station, is entitled to file a final report under section 173 Cr.P.C.
Fact of the Case:
The petitioners, accused in a criminal case, challenged the order of committal of the case, contending that the investigating officer who filed the final report did not possess the jurisdiction to do so. The learned Sessions Judge dismissed the application, leading to the challenge under section 482 of the Code of Criminal Procedure 1973.
Finding of the Court:
The court found that the head of the special investigation team was entitled to file the final report, as he was a superior officer to the officer-in-charge of the police station. The court also referred to relevant legal provisions and previous judgments to support its finding.
Issues: The main issue was whether the head of a special investigation team, not the officer-in-charge of a police station, could file a final report under section 173 Cr.P.C.
Ratio Decidendi: The court's decision was influenced by the interpretation of relevant legal provisions, including the Kerala Police Act, 2011, and section 173 of the Code of Criminal Procedure. It also considered previous judgments that established the authority of superior officers to conduct investigations and file final reports.
Final Decision: The court dismissed the criminal miscellaneous case, upholding the impugned order of the learned Sessions Judge.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 21ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945 CRL.MC NO. 153 OF 2024 CRIME NO.1311/2022 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM AGAINST SC 764/2023 OF ADDITIONAL SESSIONS COURT, NEYYATTINKARA PETITIONERS/ACCUSED 1 TO 3:
1 GREESHMA @ SREEKUTTY AGED 22 YEARS, D/O SINDHU, SREE NILAYAM VEEDU, POOMBALLIKONAM, MELPPALA DESAM, DEVIYODE VILLAGE, KANYAKUMARI DISTRICT, PIN - 629178
2 SINDHU AGED 52 YEARS, D/O SAVITHRI, SREE NILAYAM VEEDU, POOMBALLIKONAM, MELPPALA DESAM, DEVIYODE VILLAGE, KANYAKUMARI DISTRICT, PIN - 629178
3 NIRMALA KUMARAN NAIR AGED 62 YEARS, S/O KRISHNA PILLA, SREE NILAYAM VEEDU, POOMBALLIKONAM, MELPPALA DESAM, DEVIYODE VILLAGE, KANYAKUMARI DISTRICT FROM SOUPARNIKA VEEDU, MEKKODE DESAM, VANNIYOOR VILLAGE, VILAVANKODE TALUK, PIN - 629171 BY ADVS.
SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SATHEESH MOHANAN SRI.V.S.THOSHIN SRI.SUNIL V.
SRI.VISHNU V.H.
SRI.SREEJITH S. NAIR SMT.MAHIMA RESPONDENTS/COMPLAINANT/STATE:
1 THE DEPUTY SUPERINTENDENT OF POLICE CRIME BRANCH, THIRUVANANTHAPURAM (RURAL), THIRUVANANTHAPURAM, KERALA, PIN - 695033
2 THE STATION HOUSE OFFICER, PARASSALA POLICE STATION PARASSALA, THIRUVANANTHAPURAM, KERALA, PIN - 695502 3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADVS.
SRI. GRACIOUS KURIAKOSE, ADGP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON 21.02.2024 PASSED THE FOLLOWING:
“C.R.”
BECHU KURIAN THOMAS, J. --------------------------------
Crl.M.C. No.153 of 2024 ---------------------------------
Dated this the 21st day of January, 2024
JUDGMENT
Can the head of a Special Investigation Team, specially constituted to investigate a crime, who is not the officer-in- charge of a police station, file a final report under section 173 Cr.P.C? The aforesaid question arises for consideration in this proceeding.
2. Petitioners are the three accused in S.C. No.764/2023 before the Additional Sessions Court, Neyattinkara, which arose out of Crime No.1311 of 2022 of the Parassala Police Station. They face an indictment for the offences under sections 302, 364, 328, 201 and 203 r/w section 34 of the Indian Penal Code, 1860. After the case was committed to the sessions court, petitioners questioned the order of committal of the case through an application filed as CMP No. 81/2023, contending that the investigating officer who had filed the final report did not possess the jurisdiction to do so. The learned Sessions Judge dismissed the said application by the impugned order against which this challenge has been raised under section 482 of the Code of Criminal Procedure 1973 (for short, ‘the Cr.P.C’).
3. The case relates to the death of a young man named Sharon Raj. The prosecution alleges that the accused had murdered Sri. Sharon Raj, who was in a relationship with the first accused. It is alleged that the accused entered into a conspiracy to poison and murder the deceased due to his refusal to withdraw from the relationship with the first accused, as another alliance had been arranged for the first accused. In furtherance of their conspiracy, the first accused had, on 14.10.2022, seduced the deceased to visit her at her house and to make love with him. The deceased, on reaching her house, was served with an ayurvedic concoction laced with poison. After consuming the drink, the deceased started vomiting and soon fell ill, as his internal organs were severely damaged. On 30.10.2022, while undergoing treatment at Medical College Hospital, Thiruvananthapuram, Sri. Sharon Raj succumbed to death. The second and third accused allegedly destroyed the evidence by concealing the bottle containing the poison, and the accused thus committed the offences alleged.
4. After the crime was registered with the Parassala Police Station, due to the sensational nature of the case, a Special Investigation Team was constituted, with the Deputy Superintendent of Police of
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