Kerala High Court
Biju A.G vs State Of Kerala on 18 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:53355
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(CRL.) NO.868 OF 2025
PETITIONERS :-
1 BIJU A.G., AGED 45 YEARS
S/O.A.GOPINATHAN, RESIDING AT ATTAYATHU HOUSE,
KURUPPAMPADY, RAYAMANGALAM P.O., ERNAKULAM DISTRICT,
PIN - 683 545
2 BINILKUMAR, AGED 41 YEARS
S/O.GOPINATHAN, ATTAYATHU HOUSE, KURUPPAMPADY KARA,
RAYAMANGALAM VILLAGE, ERNAKULAM DISTRICT,
PIN - 683 545
BY ADV SRI.BINU PAUL
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOME, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM., PIN - 695 001
2 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, SASTHAMANGALAM. P.O
THIRUVANATHAPURAM, PIN - 695 010
3 THE ADDL. DIRECTOR GENERAL OF POLICE
CRIME BRANCH, POLICE HEAD QUARTERS, SASTHAMANGALAM. P.O
THIRUVANATHAPURAM, PIN - 695 010
4 THE ASSISTANT COMMISSIONER OF POLICE
OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE
(CRIME BRANCH) CRIME BRANCH, REVENUE TOWERS,
ERNAKULAM, PIN - 682 011
SR PP SMT SEETHA S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.)No.868 of 2025
-: 2 :-
2025:KER:53355
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) No.868 of 2025
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Dated this the 18th day of July, 2025
JUDGMENT
This writ petition is filed with the following prayers :-
"(i) Issue a writ of mandamus or any other writ, order or
direction commanding the 2nd respondent to transfer
Ext.P1 to P9 F.I.R's pending investigation before the State
Police to the State Crime Branch department presently
conducting the investigation on Exhibit P10-FIR.
(ii) Issue a writ of mandamus or such other writ or any
appropriate order or direction to the respondents 3 and 4
to take over the investigation of the matters depicted in
Exhibit P1 to P9 FIRs.
(iii) Issue an order to dispense with the filing of the translation
of vernacular documents produced as Exhibits in the Writ
Petition.
(iv) Issue any other appropriate order, or direction as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case and to allow this petition."[SIC]
2. The main prayer in this petition is to issue a direction to
the 2nd respondent to transfer Exts.P1 to P9 FIRs pending
investigation to the State Crime Branch Department presently
2025:KER:53355
conducting the investigation on Ext.P10 FIR. This Court directed
the learned Public Prosecutor to get instructions.
3. The learned Public Prosecutor submitted that as far as
Exts.P1, P2 and P3 FIRs are concerned, the investigation is
going on. But, as far as Exts.P4, P5 and P7 FIRs are concerned,
final report is already filed and the cases are pending before the
jurisdictional court. It is submitted that Ext.P10 FIR is now
investigated by the District Crime Branch, Ernakulam and
Ext.P9 is investigated by the Thodupuzha police. Other cases
are also pending before the other courts.
4. Admittedly, the victims in these cases are different. The
petitioners are the accused in some of the cases. The
investigation is going on in some of the cases and in other
cases, the investigation is already over. In such circumstances,
this Court is not in a position to direct the respondents to club
all the cases.
In such circumstances, there is no merit in the writ
petition. The writ petition is dismissed.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
Jvt
2025:KER:53355
APPENDIX OF WP(CRL.) 868/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPIES OF F.I. R IN CRIME NO. 24/2024
OF THE PERUMBAVOOR POLICE STATION DATED
05.01.2024
Exhibit P2 TRUE PHOTOCOPY OF THE F.I. R IN CRIME NO. 2062
OF 2023 OF THE PERUMBAVOOR POLICE STATION DATED
27.12.2023
Exhibit P3 TRUE PHOTOCOPY OF THE F.I. R IN CRIME NO.
1920/2023 OF THE PERUMBAVOOR POLICE STATION
DATED 02.12.2023
Exhibit P4 TRUE PHOTOCOPY OF F.I. R IN CRIME NO. 71/2024
BEFORE THE CHENGAMANAD POLICE STATION DATED
28.01.2024
Exhibit P5 TRUE PHOTOCOPY OF THE F.I. R IN CRIME NO. 317 OF
2024 OF THE VAZHAKULAM POLICE STATION DATED
07.05.2024
Exhibit P6 TRUE PHOTOCOPY OF THE F.I. R IN CRIME NO.
936/2024 BEFORE THE PUNALUR POLICE STATION DATED
02.07.2024
Exhibit P7 A TRUE PHOTOCOPY OF THE F.I. R IN CRIME NO.
49/2024 BEFORE THE OONNUKAL POLICE STATION DATED
03.02.2024
Exhibit P8 A TRUE PHOTOCOPY OF THE F.I. R IN CRIME NO.
303/2024 BEFORE THE HILL PALACE POLICE STATION
DATED 08.03.2024
Exhibit P9 A TRUE PHOTOCOPY OF THE F.I. R IN CRIME NO.
558/2024 BEFORE THE THODUPUZHA POLICE STATION
DATED 02.04.2024
Exhibit P10 A TRUE PHOTOCOPY OF THE F.I. R IN CRIME NO. 3065
OF 2023 OF THE ERNAKULAM TOWN NORTH POLICE
STATION DATED 20.12.2023
Exhibit P11 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED
16.06.2025 FILED BY THE 2ND PETITIONER BEFORE
THE CRIME BRANCH ASSISTANT COMMISSIONER OF
POLICE (ACP) ERNAKULAM DATED 16.06.2025
Exhibit P12 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED
25.06.2025 SUBMITTED TO THE 2ND RESPONDENT
