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2026 Supreme(Online)(Ker) 3507

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
MUHAMMAD.P. – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 139 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.A.ARUNKUMAR, SRI.S.SHYAM KUMAR, SHRI.SACHIN GEORGE ARAMBAN
For the Respondents: SRI.N.R.SANGEETHARAJ, SR PP

The court determined that allegations constituted a civil matter, directing the petitioner to seek appropriate judicial remedies.

Headnote:The Writ Petition was filed under Article 226 of the Constitution of India, seeking a writ of Mandamus for further investigation in Crime No.486 of 2021. The petitioner alleged offences under Sections 415, 380, 467, 468, 471 and 34 of IPC. The court observed that the police report declared the complaint to be of civil nature and directed the petitioner to seek remedies in the appropriate court. The court concluded that the writ petition is closed allowing petitioner liberty to seek remedies in jurisdictional court.

Table of Content
1. prayers for investigation and nature of complaint. (Para 2 , 3)
2. court's observation on the nature of the complaint. (Para 4)

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

“(I) Issue a writ of Mandamus or any other appropriate writ, order, or direction, commanding the 3rd Respondent to conduct further investigation Crime No.486 of 2021 of Melparamba Police Station by a competent officer not below the rank of DYSP.

(ii) This Hon’ble Court may be pleased to dispense with translation of the documents produced in vernacular language; (iii) issue any other writ order or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case;”

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. The petitioner is the defacto complaint in Crime No.486 of 2021 of Melparamba Police Station, Kasaragod. The petitioner alleged offences punishable under Sections 415 , 380, 467, 468, 471 and 34 of IPC against the persons arrayed as accused in the complaint.

4. The learned Public Prosecutor submitted that the Police completed the investigation and submitted final report in the matter stating that the complaint is of civil nature and no offences are made out. The petitioner has the liberty to approach the Jurisdictional Court for seeking the relief prayed for in this Writ Petition.

Therefore, the Writ Petition is closed with liberty to the petitioner to approach the Jurisdictional Court seeking appropriate remedies in accordance with law.

Sd/-

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