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2026 Supreme(Online)(Ker) 3487

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
NIDHI ABRAHAM – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 19222 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.SHIJI P.S., SHRI.ABRAHAM VARGHESE E.M.
For the Respondents: PP- SMT.C. SEENA

A writ petition is deemed infructuous when the police investigation is completed and a final report has been filed.

Headnote:This writ petition arises under WP

(C) No. 19222 of 2025 seeking a time-bound investigation into Crime No.36/2025. Concluding that the police investigation is complete with a refer report based on a conclusion of 'mistake of facts or law', the court regards the application as infructuous. As the petitioner has the option to challenge the report before the Magistrate, the WP

(C) is dismissed, allowing this legal recourse.

Table of Content
1. petitioner sought investigation into crime no.36/2025. (Para 1)
2. police completed investigation and filed refer report. (Para 2)
3. writ petition dismissed as infructuous, allowing recourse to magistrate. (Para 3)

JUDGMENT

Dated this the 27th day of January, 2026 The defacto complainant in Crime No.36/2025 of Info Park police station filed this WP(C) praying for a direction to the 3rd respondent to order proper investigation in the above crime and to submit the final report in a time bound manner.

2. The learned Public Prosecutor upon instructions submitted that, in this case the police already completed the investigation and filed a refer report. The petitioner also produced Ext.P15 notice under Section 157(2) and 171 (1) (B) of Cr.P.C. issued by the SHO, intimating that a final report was filed before the Jurisdictional Magistrate with the conclusion ‘mistake of facts or law’ and further informing the petitioner that, in case he wants to oppose the said report, he could approach the learned Magistrate within a week from the date of receipt of a copy of Ext.P15.

3. Since the police already completed the investigation in this criminal case and filed final report, the prayer in this WP(C) became infructuous. The learned counsel for the petitioner submitted that the petitioner is aggrieved by the final report filed by the police in this case. In the above circumstances, this WP(C) is dismissed as infructuous with liberty to the petitioner to approach the Jurisdictional Magistrate as specified in Ext.P15.

Sd/-

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