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2025 Supreme(Online)(Ker) 53637

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
BABITHA – Appellant
Versus
THE CIVIL POLICE OFFICER, CHOMBALA POLICE STATION – Respondent
WP(CRL.) NO. 1469 OF 2025



Advocates:
For the Appellants/Petitioners: Sri.B.Krishna Mani
For the Respondents: Sri.Sangeetharaj.N.R

The court emphasizes the necessity for a competent investigation in criminal cases with significant delays.

Headnote:The petitioner filed a writ petition due to the lack of progress in the investigation of a road accident case (Crime No. 704 of 2023) where her husband died. The court emphasized the need for a superior officer to take over the investigation due to the significant delay and directed that a final report be submitted within six months. The judgement renders a decision to dispose of the writ petition.

Table of Content
1. petitioner's grievance addressed due to lack of investigation progress. (Para 1)
2. counsel for both sides were heard. (Para 2)
3. investigation findings indicate lack of accused identification. (Para 3)
4. court directs a superior officer for effective investigation and report submission. (Para 4)

J U D G M E N T

The petitioner's husband died in a road accident on

28.11.2023 at about 11.00 p.m., in the National Highway in Chombala Harbor Road Junction. The Chombala police registered a crime as Crime No.704 of 2023, alleging offences punishable under Sections 279 and 304A of IPC . The grievance of the petitioner is that, so far, the investigating officer has not found out the accused. It is in these circumstances, she has approached this Court.

2. I have heard Sri.B.Krishna Mani, the learned counsel for the petitioner and Sri.Sangeetharaj.N.R, the learned Public Prosecutor.

3. The 1st respondent conducted investigation. He has filed a statement of facts. In the statement of facts, it is stated that even though an effective investigation was conducted and the statement of 55 witnesses were recorded, he could not find out who actually drove the vehicle at the time of the incident and caused the death of the petitioner's husband. It is further stated that the final report was filed before the jurisdictional Magistrate on 27.08.2025 as undetected.

4. I went through the statement of facts. Even though two years have elapsed, the investigating officer could not even locate the accused. In these circumstances, I am of the view that an effective investigation by a superior officer is necessary. Hence, the Dy.S.P., Vatakara is directed to take over the investigation in Crime No.704 of 2023, conduct an effective investigation and file a final report in accordance with law, within a period of six months.

Hence, this writ petition is disposed of.

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