HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SHAILA VINCENT – Appellant
Versus
STATE OF KERALA – Respondent
WP(Crl.) 726/2023
Investigation - Writ Petition - Indian Penal Code Section List - Summarizes the court's direction to review investigation irregularities in a criminal case and potential reassignment to a senior officer.
Fact of the Case:
The petitioner complained about the lack of investigation by the police regarding a registered FIR for various offenses, leading to the delay of over 1½ years.
Finding of the Court:
The court determined that the second respondent should review the case diary and assess any possible irregularities in the investigation by the police.
Issues: Whether the investigation in the registered FIR has been conducted appropriately and if there are grounds to reassign it to a senior officer.
Ratio Decidendi: The court established that oversight of investigations is necessary to ensure due process, enabling reassignment to a senior officer if irregularities are found.
Final Decision: The writ petition is disposed of with directives for investigation oversight.
JUDGMENT
Petitioner is the de-facto complainant in Crime No.1434/2021 registered by Kodungallur Police alleging offences punishable under Sections 406 , 419, 420, 465 and 467 read with 34 of the Indian Penal Code . The grievance of the petitioner is that even though Ext.P1 was registered on 01/12/2021, there is no investigation conducted by the Station House Officer, Kodungallur and his subordinates. Now 1½ years elapsed. Even now the investigation is in a stand still. Hence this writ petition is filed for issuing a direction to the 2nd respondent to handover the investigation in Ext.P1 FIR to the 5th respondent District Crime Branch.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. After hearing both sides, I am of the considered opinion that the 2nd respondent should call for the case diary in this case and either he himself or an officer deputed by him should peruse the same and if there is any irregularity on the part of the Investigating Officer, there can be a direction to entrust the investigation to a Senior Police Officer.
Therefore, this writ petition (criminal) is disposed of in the following manner.
1. The 2nd respondent is directed to call for the case diary and either he himself or an officer deputed by him should peruse the same and find out whether there is any irregularity in the investigation.
2. If there is any irregularity or lapses on the part of the Investigating Officer, the 2nd respondent will entrust the investigation to a Senior Police Officer.
3. The result of the above exercise shall be intimated to the petitioner within one month from the date of receipt of a stamped certified copy of this judgment.
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