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2023 Supreme(Online)(KER) 32540

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
C.K.V.MUSTHAFA – Appellant
Versus
STATE POLICE CHIEF – Respondent
WP(C) 1600/2014



Writ of Mandamus petitions closed as investigations transferred to Crime Branch with ongoing reports.

Headnote:(A) Writ of Mandamus - The petitions seek transfer of criminal investigations to Central Bureau of Investigation, citing delays and necessity for thorough investigation. (Paras 1-2)

Facts of the case:
Two writ petitions filed to transfer investigations of specific crimes to CBI, citing concerns over the current investigative process.

Findings of Court:
The Government Pleader informed that investigations were transferred to Crime Branch and final reports were filed or expected within two months.

Issues: Whether the investigations should be transferred to CBI due to delays and the need for thoroughness.

Ratio Decidendi: The court found no further orders necessary as investigations were already underway and reports were being filed.

Result: Writ petitions closed.

JUDGMENT

These two writ petitions are filed to transfer the investigation in three crimes to the Central Bureau of Investigation. W.P.(C)No.29490 of 2012 is filed with the following prayers:

“(i) to issue a Writ of Mandamus or order or direction to the 4 th respondent to take over the investigation of Crime No.165/2012 and Crime No.542/2012 of Kozhikode Town Police Station and to take appropriate action in accordance with law without any delay;

(ii) to issue a Writ of Mandamus or order or direction to the Respondents 1 and 2 to hand over the entire case diary of Crime No.165/2012 and 542/2012 of Kozhikode Town Police Station to the 4 th respondent for conducting further investigation in the matter and to bring the real culprits before Court of law;

(iii) to issue a Writ of Mandamus or order or direction to the 4 th respondent to take over the investigation of Crime No.165/2012 and 542/2012 of Kozhikode Town Police Station without any delay and to examine whether any similar incident occurred in the 3 rd respondent bank other than the complaints filed by the Petitioners;

(iv) to issue such other appropriate Writ, Order or direction as is deemed just and necessary in the circumstances of the case.”[SIC]

2.

W.P.(C)No.1600 of 2014 is filed with the following prayers:

“(i) to issue a Writ of Mandamus or order or direction to the 5 th respondent to take over the investigation of Crime No.634/2012 of Kozhikode Town Police Station and to take appropriate action in accordance with law without any delay;

(ii) to issue a Writ of mandamus or order or direction to the Respondents 2 and 3 to hand over the entire case diary of Crime No.634/2012 of Kozhikode Town Police Station to the 5 th respondent for conducting further investigation in the matter and to bring the real culprits before Court of law;

(iii) to issue a Writ of Mandamus or order or direction to the first respondent to consider and pass appropriate orders on Ext.P3 representation filed by the petitioner as expeditiously as possible and at any rate within a time limit that may be fixed by this Hon'ble Court;

(iv) to issue such other appropriate Writ, Order or direction as is deemed just and necessary in the circumstances of the case.”[SIC]

3. Today when the matter came up for consideration, the learned Government Pleader after getting instructions submitted that, the investigation in these cases were transferred to Crime Branch and in one case the final report is already filed and in the other two cases, the investigation will be completed within two months. The Government Pleader submitted that the final report is already filed in 49/CR/EOW-III/KKD/2015. It is submitted that, as far as 48/CB/KKD/2015 and 50/CB/KKD/15 WYD are concerned, two months time is necessary to complete the investigation. In the light of the above submission, no further order is necessary. Therefore, recording the submission of the Government Pleader, these writ petitions are closed.

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