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2026 Supreme(Online)(Ker) 5746

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
BERYL A.Z – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11395 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.SARATH BABU KOTTAKKAL, SMT.ARCHANA VIJAYAN, SHRI.SEBASTIN
For the Respondents: SPL.PUBLIC PROSECUTOR SRI.RAJESH.A, SR.PUBLIC PROSECUTOR SMT.REKHA.S

The right to a fair investigation supersedes the petitioner's request to quash the FIR when allegations warrant further inquiry.

Headnote:The Court analyzed the provisions concerning FIR quashment under relevant statutes and adjudicated on the allegations of disproportionate assets against the petitioner. The Court found merit in the investigation request by the Special Public Prosecutor, emphasizing the need for thorough investigation as per procedural norms. Key issues included the right to fair investigation, and the Court highlighted that all allegations warranted further scrutiny. The petition to quash the FIR was, therefore, denied, directing the Investigating Officer to complete the investigation within six months.

Table of Content
1. petition for fir quashment filed by accused. (Para 1 , 2 , 3)
2. investigation requisites and necessity. (Para 4 , 5)
3. court’s directive for completion of investigation. (Para 6 , 7)

ORDER

Dated this the 28th day of January, 2026 This Criminal Miscellaneous Case has been filed by the accused in Crime No.3/2025 of the Vigilance and Anti-Corruption Bureau, Ernakulam with the following prayers:

“I. Quash Annexure A1 FIR & all further proceedings in Crime No.VC 03/2025/SCE registered by the Vigilance & Anti-Corruption Bureau (VACB), Special Cell, Ernakulam.

II. Grant such other and incidental reliefs as this Hon’ble court may deem just and necessary on the facts and circumstances of this case in the best interest of justice.”

2. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor appearing for the VACB.

3. As on 14.01.2026, this Court passed an interim order as under:

“The petitioner, who is the accused in Crime No.3 of 2025 of VACB, Ernkulam, seeks quashment of the FIR on the ground that the entire allegations are false.

2. The learned counsel for the petitioner also argued so.

3. In reply to the said argument, a statement at the instance of the Inspector of Police, VACB, Special Cell, Ernkulam dated 08.01.2026 has been placed by the learned Public Prosecutor, whereby the Investigating Officer alleges non co-operation on the part of the petitioner to investigate on the allegations. It has been stated in paragraph No.13 of the statement as under:

13. Furthermore, it is most humbly submitted that the following documents from various offices are required to be obtained as part of the investigation: (i) details from the Inspector General of Registration, Thiruvananthapuram, regarding the properties owned by the Petitioner and his relatives across 14 districts; (ii) foreign travel details of the Petitioner and his family from the Foreigners Regional Registration Office, Kochi; (iii) income tax return details of the Petitioner's family from the Income Tax Office. Thrissur, (iv) landed property statements of the Petitioner from various offices where he had worked; (v) account statements from KSFE, Thrissur, SBI Medical College Branch, SBI Vadakkanchery, and Peringandoor Service Cooperative Bank; (vi) share transaction details from Sri Shakambhari Corporate Park and Upstox, Mumbai Office; (vii) salary particulars from the Enforcement Regional Transport Office, Ambalappuzha. Close verification of these documents is also very important as part of the investigation, and the statements of related witnesses are required to be recorded.

4. Further, the Investigating Officer submitted that, six weeks time is required to complete the investigation.

5. Admittedly, the allegation against the petitioner is amazement of disproportionate assets by him during the check period. So, furnishing of details shown in paragraph No.13 extracted hereinabove is essential for fair investigation. The learned counsel for the petitioner fairly conceded that the petitioner is ready to co-operate with the investigation and furnish the details so stated.

6. In view of the above submission, there shall be a direction to the petitioner to meet the Investigating Officer, within a period of one week from today and provide the details, within a period of ten days thereafter and facilitate the investigation to find out the truth of the allegations in the FIR.

Post on 28.01.2026 to see the compliance of the order.”

4. Today also, a report was filed by the Investigating Officer highlighting the necessity of investigation as extracted in the interim order and requesting six months’ time to complete the investigation.

5. Though the learned counsel for the petitioner submitted that the crime was registered much earlier, on a perusal of the crime number, it is evident that the crime was registered only in the last year (2025), and the investigation is pertaining to amassment of disproportionate assets by the accused beyond the known sources

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