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2025 Supreme(Online)(Ker) 53075

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHAHARBAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1617 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.C.M.MOHAMMED IQUABAL, SMT.THASNEEM A.P., SMT.ANUPAMA R. NAIR, SRI.ISTINAF ABDULLAH, SRI.P.ABDUL NISHAD
For the Respondents: SRI.SREELAL N.WARRIER, SRI.SANGEETHA RAJ N.R.

The court emphasized appropriate legal remedies for challenging police refer reports instead of direct writ petitions.

Headnote:The petitioner challenged the refer report prepared under Section 156(3) of the Cr.P.C. regarding a private complaint. The court indicated that the appropriate legal remedy includes objection to the refer report or a protest complaint before the Magistrate, emphasizing that direct intervention from the court for investigation was not permissible. Consequently, the writ petition was dismissed.

Table of Content
1. challenges to police investigation protocols or reports (Para 1 , 2)
2. court emphasizes appropriate legal remedies and dismisses direct writ petitions (Para 3)

J U D G M E N T

A private complaint filed by the petitioner before the Magistrate Court was forwarded to the police for investigation under Section 156 (3) of Cr.P.C. The police registered a crime, conducted investigation and filed a refer report. The petitioner has approached this Court by filing the above writ petition challenging the refer report and to give a direction to respondents 1 to 5 to conduct proper investigation on Ext.P3 complaint or to entrust the investigation with any other external agencies.

2. I have heard Sri.C.M. Mohammed Iquabal, the learned counsel for the petitioner and Sri.Sangeetha Raj N.R., the learned Public Prosecutor.

3. Ext.P8 is the refer report. The legal remedy open to the petitioner is to file an objection to the refer report before the learned Magistrate or to prefer protest complaint, as the case may be. The petitioner cannot directly approach this Court to give a direction to respondents 1 to 5 to conduct a proper investigation on Ext.P3 complaint or to entrust the investigation with any external agencies.

Reserving the said liberty, this writ petition stands dismissed.

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