The court may direct a higher police authority to supervise a criminal investigation and ensure the complainant is heard when there are credible allegations of an ineffective probe into telephonic harassment and cyber-crime.

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

G. GIRISH, J.

WP(Crl.) No.773 of 2026

Dated this the 10th day of July, 2026

JUDGMENT

The defacto complainant in Ext.P1 crime has filed this writ petition seeking the following reliefs :-

“A. Issue a Writ of mandamus or any other appropriate Writ, Order or Direction compelling and commanding the respondent No.1 to handover the investigation in Crime No.7/2026 of Cyber Police Station, Kollam City, to respondent No.3 and to order proper investigation into the said crime.

B. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction compelling and commanding the respondent No.3 to proper investigation and file Final Report within a time frame fixed by this Hon’ble Court.”

The grievance of the petitioner is that the accused in the aforesaid crime verbally abused him by calling on his phone with the intent to insult, humiliate and dishonor him and his daughter. It is stated that in the aforesaid call, the accused in Ext.P1 crime used filthy and sordid language by demanding the petitioner’s daughter for giving her a baby. According to the petitioner, there is no effective investigation going on in the aforesaid crime. For the above reason, the petitioner seeks an order handing over the investigation in this case to the 3rd respondent.

Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

The learned Public Prosecutor, upon instructions, submitted that the investigation in this case is in full swing, and that as per the available information, it is found that the call received by the petitioner herein was from a mobile phone registered in the name of a person, who is a native of Assam. It is further submitted that after the aforesaid objectionable phone call, the aforesaid SIM was not at all used by the offender.

The learned counsel for the petitioner submitted that so far, the Investigating Agency has not seized the mobile phone of the accused in Ext.P1 and verified whether the aforesaid mobile phone was used to call the petitioner through the SIM, which was found to have been abandoned. Thus, it is submitted that a supervision and appropriate directions of the 3rd respondent would make a break-through in the investigation.

Having regard to the above facts and circumstances of this case, I deem it appropriate to dispose of this writ petition as follows :-

(i) The 3rd respondent is hereby directed to supervise the investigation in Ext.P1 crime and to give appropriate directions to find whether the mobile phone of the accused in Ext.P1 crime was used for making the offending call to the petitioner at the relevant time.

(ii) It is further directed that the 3rd respondent shall personally hear the petitioner on the grievance highlighted in this writ petition and inform him about the results of the investigations, once it is over.

Registry shall send a copy of this judgment to the third respondent forthwith.