Haris P.M vs State Of Kerala
2023 Latest Caselaw 9587 Ker

WP(CRL.) NO. 860 OF 2023            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                           WP(CRL.) NO. 860 OF 2023
PETITIONER/S:
          HARIS P.M AGED 40 YEARSS/O SAYED MUHAMMED ABDULLAH
          JIFRI PUTHIYAMALIYEKKAL HOUSE, MAMBURAM P.O
          TIRURANGADI TALUK, MALAPPURAM DISTRICT-676311, PIN -
          676311

               BY ADVS.
               P.A.MOHAMMED SHAH
               RENOY VINCENT
               SHAHIR SHOWKATH ALI
               CHELSON CHEMBARATHY
               ABEE SHEJIRIK FASLA N.K
               MUHAMED JUNAID V.
               ADITH KRISHNAN.U.
               FATHIMA AFEEDA P.


RESPONDENT/S:
     1    STATE OF KERALAREPRESENTED BY THE PRINCIPAL SECRETARY
          HOME DEPARTMENT, SECRETARIAT THIRUVANTHAPURAM, PIN -
          695001

      2        THE STATE POLICE CHIEFSTATE POLICE HEADQUARTERS,
               VAZHUTHAKKAD, THIRUVANTHAPURAM, PIN - 695010

      3        THE ADDITIONAL DIRECTOR GENERAL OF POLICE THE
               ADDITIONAL DIRECTOR GENERAL OF POLICE CRIME BRANCH ,
               STATE POLICE HEADQUARTERS VAZHUTHAKKAD,
               THIRUVANTHAPURAM, PIN - 695010

      4        CENTRAL BURAUE OF INVESTIGATIONTHE CENTRAL BUREAU OF
               INVESTIGATION CBI HEAD OFFICE, CGO COMPLEX, LODHI
               ROAD NEW DELHI REPRESENTED BY ITS DIRECTOR, PIN -
               110003

      5        THE DEPUTY SUPERINTENDENT OF POLICE DISTRICT CRIME
 WP(CRL.) NO. 860 OF 2023                 2


               BRANCH, DOWN HILL, MALAPPURAM, PIN - 676505

      6        SUJITH DAS IPSDISTRICT POLICE CHIEF OFFICE OF THE
               DISTRICT POLICE CHIEF UPHILL,MALAPPURAM, PIN - 676505

      7        BENNY V.VDEPUTY SUPERINTENDENT OF POLICE, TANUR SUB-
               DIVISION, MALAPPURAM DISTRICT, PIN - 676302

      8        JEEVAN GEORGE,INSPECTOR OF POLICE, TANUR POLICE
               STATION MALAPPURAM DISTRICT, PIN - 676302


OTHER PRESENT:
          P NARAYANAN PP, DR.K.P.SATHEESAN (SR.)-R4


       THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON    08.09.2023,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(CRL.) NO. 860 OF 2023                   3




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P. (Crl.) No. 860 of 2023
                     --------------------------------------
              Dated this the 8th day of September, 2023


                                        JUDGMENT

The above W.P.(Crl.) is filed with following prayers :

1. "To issue a writ of mandamus or any other writ or order directing the 4th Respondent CBI to immediately take over the investigation in CBCID Crime: 2723/2023 and the 1 st Respondent Principal Secretary, Home Department may be directed to do the necessary procedures of handing over of investigation forthwith.

2. To direct the 5th Respondent Deputy Superintendent of Police (Crime Branch) Malappuram not to conduct any further investigation in CBCID Crime: 2723/2023 and immediately hand over the case diary and other files to the 1st Respondent CBI.

3. To issue a writ of mandamus or any other writ or order directing the 1st Respondent Principal Secretary, Home Department and the 2nd Respondent State Police Chief to remove the 6th , 7th and 8th Respondents from their current positions and place them outside the jurisdiction of Malappuram District until completion of the investigation by the CBI to ensure free and fair investigation.

4. Grant such other reliefs which this Hon'ble Court may

deem fit and proper in the interests of equity, justice and good conscience." [SIC]

2. Today when the matter came up for consideration,

the learned Public Prosecutor submitted that, Government

Order G.O. (M.S.) No.178/2023/HOME dated 10.08.2023 is

already issued in which it is stated that the Government of

Kerala already accorded consent to the members of the Delhi

Special Police Establishment to exercise the powers and

jurisdiction in the whole of the State of Kerala for the

investigation of the offences involved in crime No.

2723/CB/MLPM/R/2023 of Crime Branch. If that is the case,

considering the seriousness of the case, I am of the opinion that

the CBI should immediately take up and investigate this matter

in accordance with law.

3. Therefore, the 4th respondent will take up the crime

based on G.O.(M.S.) No.178/2023/HOME and investigate the

matter in accordance with law as expeditiously as possible. The

5th respondent will hand over the entire case diary and records

to the 4th respondent or the officer deputed by the 4 th

respondent immediately at any rate within one week from

today. The State Police will provide all arrangements including

accommodation and conveyance for completing the

investigation by the 4th respondent or his officer deputed for the

investigation.

With the above observation, this W.P.(Crl.) is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(CRL.) 860/2023 PETITIONER EXHIBITS

Exhibit -P1 THE TRUE COPY OF THE FIR IN CRIME NO.855/2023 OF TANUR POLICE STATION

Exhibit-P 2 THE TRUE COPY OF THE FIR IN CRIME NO.856/2023 OF TANUR POLICE STATION

Exhibit -P3 THE TRUE COPY OF THE POST-MORTEM REPORT DATED 01.08.2023 PREPARED BY THE DEPARTMENT OF FORENSIC MEDICINE, GOVERNMENT MEDICAL COLLEGE, MANJERI

Exhibit -P4 THE TRUE COPY OF THE COMPLAINT DATED 07.08.2023 SENT BY THE PETITIONER TO THE CHIEF MINISTER

Exhibit P5 THE TRUE COPY OF G.O (MS) NO.

178/2023/HOME DATED 10.08.2023