The High Court confirmed that jurisdiction under Article 226 does not allow direct interventions in FIR transfers or investigations, mandating victims to approach trial courts for remedies.

JUDGMENT

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

"i. to issue a direction to transfer FIR No.1139/2014 and charge sheet filed if any from the file of the Judicial Magistrate, Pathanamthitta to the designated Court, Ernakulam under the BUDS Act and order further investigation of the said FIR by Central Bureau of Investigation.

ii. to direct the State Government to constitute a judicial enquiry by a retired High Court Judge into negligent investigation done by the State Police and allowing the accused persons and their establishment to operate without license from 2012 onwards till date."

[SIC]

2. This Writ Petition is filed under Article 226 of the Constitution of India . The main prayer in this Writ Petition is to issue a direction to transfer FIR No.1139/2014 and charge sheet filed, if any, from the file of the Judicial Magistrate, Pathanamthitta to the designated Court, Ernakulam under the BUDS Act and order further investigation of the said FIR by Central Bureau of Investigation. The second prayer is to direct the State Government to constitute a judicial enquiry by a retired High Court Judge into negligent investigation done by the State Police and allowing the accused persons and their establishment to operate without a license from 2012 onwards till date.

3. Heard the learned counsel for the petitioners and the Public Prosecutor.

4. Admittedly, some of the victims filed a Crl. M.C No.2867/2015. Ext.P1 is the order in that Crl. M.C. In the said order itself stated that, if the petitioners in the above Crl. M.C have any further grievance, it is for them to agitate the same, in the manner known to law.

5. Admittedly, in this case, the final report is filed and the case is pending before the Judicial First Class Magistrate Court-II, Pathanamthitta, way back on 29.09.2018. If that is the case, if the petitioners want further investigation, the petitioners have to approach the tiral Court with an appropriate application, if the charge is not framed. If the petitioners want the case to be transferred to the BUDS Court, for that purpose also, the petitioners have to approach the Jurisdictional Court, if they are the victims, with an appropriate application bringing to notice of the Court that the BUDS Act provision is applicable. This Court, in a petition under Article 226 of the Constitution of India , cannot entertain the prayers in this Writ Petition. I am of the considered opinion that, this Writ Petition is not maintainable as far as the prayer in this Writ Petition is concerned. Therefore, granting liberty to the petitioners to do the needful in accordance with law, this Writ Petition is disposed of.