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2025 Supreme(Online)(Ker) 41610

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
RADHAKRISHNAN @ BABU, MOHANAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 949 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.R.RAJESH, SRI.M.KIRANLAL, SRI.MANU RAMACHANDRAN, SRI.T.S.SARATH, SHRI.SAMEER M NAIR, SMT.SAILAKSHMI MENON, SMT.JHANCY P. GEORGE, SHRI.JOSEPH T. KOOTTAKKARA
For the Respondents: SR PP, SRI.HRITHWIK C S

The court emphasized the need for timely police action on complaints to ensure justice is upheld.

Headnote:(A) Criminal Procedure Code - Writ of Mandamus - Issuance of directions for investigation on grievances. The petitioners sought expedient consideration of their complaints submitted to police, alleging lack of action. (Para 4)

(B) Directive to the police to review submitted complaints and communicate decisions. The court emphasized timely action by law enforcement regarding filed complaints to uphold justice. (Para 5)

Facts of the case:
The petitioners asserted that investigative bodies failed to act on formal complaints, causing a delay in justice.

Findings of Court:
The court ordered timely consideration of complaints and prohibited further submission of case reports to safeguard the petitioners’ rights.

Issues: The main concerns were the timeliness of police action and judicial oversight in investigative processes.

Ratio Decidendi: The court highlighted the importance of expedient action regarding complaints submitted to police agencies.

Result: Writ Petition allowed with specific directions.

Table of Content
1. relief sought on police action (Para 2)
2. direction for timely investigation (Para 4)

JUDGMENT

The above Writ Petition (Crl.) is filed seeking the following reliefs:

“1) Issue a writ of mandamus or any appropriate writ or direction or order to expeditiously consider Ext. P2 and P4 in a time fixed by this honorable court.

2) Issue a writ of mandamus or any appropriate writ or direction to 4th respondent or any other Police officer not below the Rank of Deputy Superintend of Police to carry out investigation upon the Ext. P1, P2 and P4. And

3) Such other Writ, Orders or Directions deem fit on facts and in the interest of justice. ”[SIC]

2. The grievance of the petitioner is that Exts.P2 and P4 were submitted before the 3rd respondent, and the 3rd respondent is not taking any action.

3. Heard the learned Public Prosecutor also.

4. After hearing both sides, I think there can be a direction to the 3rd respondent to consider Exts.P2 and P4 within a time limit, and communicate the decision taken in it to the petitioner within the above period. I make it clear that I have not considered the matter on merit and the 3rd respondent is free to do the needful in accordance with the law.

Therefore, this Writ Petition (Crl.) is disposed of in the following manner:

1. The 3rd respondent is directed to look into Exts.P2 and P4 and do the needful in accordance with the law, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment, and communicate the decision taken in it to the petitioner during the above period itself.

2. The final report in Crime No.1699/2024 of Adoor Police Station shall not be submitted for a period of two weeks, if not already submitted as on today.

3. The petitioner will produce a certified copy of this judgment along with a copy of this Writ Petition (Crl.) with exhibits before the 3rd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE DM APPENDIX OF WP(CRL.) 949/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE FIR IN CRIME NO

1699/2024 OF ADOOR POLICE STATION DATED 12/11/2024 EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED

26/3/2025 EXHIBIT P3 THE TRUE COPY OF THE RECEIPT OF THE EXHIBIT P2 EXHIBIT P4 THE TRUE COPY OF THE COMPLAINANT DATED

26/3/2025 EXHIBIT P5 THE TRUE COPY OF THE RECEIPT OF EXHIBIT P4 EXHIBIT P6 THE TRUE COPY OF THE REPORT FILED BEFORE THE JUDICIAL FIRST-CLASS MAGISTRATE COURT, ADOOR EXHIBIT P7 THE TRUE COPY OF THE 2ND REPORT DATED

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