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2025 Supreme(Online)(Ker) 17747

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
JIJISH KUMAR K.G – Appellant
Versus
THE STATE POLICE CHIEF OF KERALA – Respondent
WP(Crl.) 306/2025



Advocates:
For the Appellants/Petitioners: SRI.C.K.MOHANAN
For the Respondents: SMT.SEETHA S - SR.PP, SRI.JACOB P.ALEX, SRI.JOSEPH P.ALEX, SHRI.MANU SANKAR P., SHRI.AMAL AMIR ALI

The court emphasizes the need for adequate supervision in investigations involving potential civil disputes, ensuring efficient and unbiased resolution.

Headnote:The Writ Petition seeks a mandamus for an investigation by the Crime Branch into Crime No. 1443/2023, alleging improper investigation by local authorities. The court finds the investigation concerns a civil dispute but directs a supervisory officer to be appointed to ensure a proper inquiry within ten days. The court rules that investigation should proceed speedily under the appointed officer's oversight.

JUDGMENT

The above Writ Petition(Crl.) is filed with the following prayers:

“A. To issue a writ of mandamus, or order, or direction to the respondents 1 and 2 to take immediate steps to entrust the investigation in Crime No. 1443/2023 of the Chengannur Police Station, to the "Crime Branch Crime Investigation Department" (The CBCID) of the Kerala Police, with a stringent direction to complete the investigation of the crime, in a specific time bound manner by an upright, straight forward, unbiased, non political and efÏcient detective of the IPS cadre in the "CBCID", in the interest of justice and on humanitarian considerations.

B. the 1st respondent may kindly be directed to initiate exemplary departmental and punitive action against the respondents 3 to 5, in the interest of justice and to safeguard and protect the majestic sanctity of the justice delivery system of this "God's Own Country"

C. Issue any other appropriate writ, direction or order, this gracious court deems fit and proper in the circumstances of the case.”

2. The petitioner is aggrieved by the investigation in Crime No.1443/2023 of Chengannur Police Station. According to the petitioner, a sale agreement was executed between the petitioner and the party respondent. It is the case of the petitioner that an amount of Rs.10 lakhs was paid as per the sale agreement. It is also the case of the petitioner that the person who executed the sale agreement has no authority to execute the sale agreement and the alleged power-of-attorney is forged. The investigation is not going in the correct track is the grievance. Hence, this writ petition is filed.

3. Heard the learned counsel appearing for the petitioner, the learned Public Prosecutor and the counsel appearing for respondent Nos.6 and 7.

4. The Public Prosecutor submitted that the investigation is in the final stage and according to the Investigating OfÏcer, it is a pure civil dispute and no criminal offence is made out. This is disputed by the petitioner. According to the petitioner, the person who executed the agreement has no authority to execute the same and therefore an investigation by Crime Branch is necessary. The counsel appearing for the party respondents submitted that there is nothing to interfere with the investigation and two civil suits are pending before the civil court and there is an order of injunction also.

5. I don’t want to make any observation about the contentions of the parties. Considering the facts and circumstances of the case, I think, there can be a direction to the 3rd respondent to depute a senior police ofÏcer to supervise the investigation in the crime. The Investigating OfÏcer will conduct the investigation under the direct supervision of the ofÏcer appointed by the 3rd respondent.

Therefore, this Writ Petition(Crl.) is disposed of with the following directions:

1. The 3rd respondent is directed to appoint a senior police ofÏcer above the rank of the 5th respondent to supervise the investigation in Crime No.1443/2023 of Chengannur Police Station, within a period of ten days from the date of receipt of a copy of this judgment.

2. The investigation in Crime No.1443/2023 of Chengannur Police Station will be completed as expeditiously as possible by the 5th respondent under the supervision of the senior ofÏcer appointed by the 3rd respondent.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF WP(CRL.) 306/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE AGREEMENT FOR SALE EXECUTED BETWEEN THE 6TH RESPONDENT AND THE PETITIONER DATED

14.01.2023 EXHIBIT P2 THE TRUE COPY OF THE LAWYER NOTICE SENT BY THE 6TH RESPONDENT TO THE PETITIONER DATED 12.06.2023 EXHIBIT P3 THE TRUE COPY OF THE POLICE COMPLAINT FILED BY THE PETITIONER TO THE 5TH RESPONDENT DATED

14.11.2023 EXHIBIT P4 THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT DATED 15.11.2023 EXHIBIT P5 THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT DATED 21.11

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