Citation : 2025 Latest Caselaw 1281 Ker
Judgement Date : 5 June, 2025
W.P.(Crl.).No.460 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
WP(CRL.) NO. 460 OF 2025
CRIME NO.913/2024 OF Chavakkad Police Station, Thrissur
PETITIONER(S):
1 SATHEERATHNAM
AGED 79 YEARS
W/O K.T. SURENDRAN, KANAKKOTTU HOUSE, MANATHALA,
CHAVAKKAD P.O, THRISSUR DISTRICT., PIN - 680506
2 BANSURI
AGED 29 YEARS
D/O RAMESH BABU, KANAKKOTTU HOUSE, MANATHALA,
CHAVAKKAD P.O., THRISSUR DISTRICT., PIN - 680506
BY ADVS.
SMT.V.H.JASMINE
SMT.GILDA DAVIS
SHRI.JOHIN JOHNSON
SHRI.JIBI JOHNSON
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE POLICE CHIEF
POLICE HEADQUARTERS, VAZHUTHAKKAD, THYCAUD P.O,
THIRUVANANTHAPURAM, PIN - 695004
3 ADDITIONAL DIRECTOR GENERAL OF POLICE (CRIMES)
CRIME BRANCH HEADQUARTERS, THIRUVANANTHAPURAM,
PIN - 695014
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4 THE DISTRICT POLICE CHIEF
KATTUNGACHIRA, IRINJALAKUDA NORTH, PORATHISSERY,
THRISSUR, PIN - 680125
5 THE DEPUTY SUPERINTENDENT OF POLICE (CRIMES)
THRISSUR ROAD, NEAR TALUK HOSPITAL, KUNNAMKULAM,
THRISSUR, KERALA, PIN - 680503
6 THE STATION HOUSE OFFICER
CHAVAKKAD POLICE STATION, CHAVAKKAD, THRISSUR
DISTRICT, PIN - 680506
7 SAHIR M.M
S/O MAJEED, MANGALAM PULLI, EDATHURUTHI,
KUTTAMANGALAM, THRISSUR DISTRICT, MANAGING DIRECTOR,
ASPIRE NIDHI LTD & ASPIRE AGRO NIDHI LTD, DOOR NO.
9/395D, FIRST FLOOR, ALAKKAL ARCADE, URAKAM, THRISSUR,
PIN - 680562
8 SOUMYA VIPIN
W/O VIPIN, ECHARATH HOUSE, CHERPPU, THRISSUR,
DIRECTOR, ASPIRE NIDHI LTD & ASPIRE AGRO NIDHI LTD,
DOOR NO. 9/395D, FIRST FLOOR, ALAKKAL ARCADE, URAKAM,
THRISSUR, PIN - 680562
9 VIVEK
S/O ANAND, CHEMMALAIL HOUSE, METHALA, THRISSUR,
DIRECTOR, ASPIRE NIDHI LTD & ASPIRE AGRO NIDHI LTD,
DOOR NO. 9/395D, FIRST FLOOR, ALAKKAL ARCADE, URAKAM,
THRISSUR, PIN - 680562
0 SURESH VASUDEV
S/O VASUDEV, MARASEY HOUSE, PARPPOOKKARA, THRISSUR,
DIRECTOR, ASPIRE NIDHI LTD & ASPIRE AGRO NIDHI LTD,
DOOR NO. 9/395D, FIRST FLOOR, ALAKKAL ARCADE, URAKAM,
THRISSUR, PIN - 680562
BY ADV. SR PP SMT SEETHA S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 05.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) No.460 of 2025
-------------------------------
Dated this the 05th day of June, 2025
JUDGMENT
The Writ Petition (Crl.) is filed seeking the following
reliefs:
"i. Issue a writ of Mandamus or other order or direction to transfer the investigation of Crime No. 913/2024 of Chavakkad Police Station, Thrissur District, and constitute a Special Investigation Team deputed by the 3rd respondent.
ii. Issue a writ of Mandamus or other writ, order or direction directing the 2nd respondent to transfer the investigation of Crime No. 913/2024 of Chavakkad Police Station, Thrissur District, to the Crime Branch department or a special investigation team constituted for the purpose to ensure a fair and just inquiry.
iii. Issue a writ of Mandamus or other order or direction commanding the 3 rd respondent to take over the investigation of Crime No. 913/2024 of Chavakkad Police Station, Thrissur District, and constitute a Special Investigation Team for the purpose.
iv. Pass an order directing the respondents to call for the case diary in Crime No. 913/2024.
v. Considering the exigencies and necessity for
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urgent consideration of the grievance voiced in this writ petition (criminal), dispense with the production of English translation which is in vernacular language.
vi. Grant such other reliefs as this Hon'ble Court deems fit and proper."[SIC]
2. Petitioners are the victims of a financial fraud and
Crime No.913/2024 is registered by the Chavakkad Police Station,
Thrissur. Petitioners are aggrieved by the investigation, and the
petitioners want a special investigation team to investigate the
matter. Petitioners submitted Ext.P2 complaint before the 4 th
respondent. The grievance of the petitioners is that the same is
not considered.
3. Heard the learned counsel appearing for the
petitioners and the learned Senior Public Prosecutor.
4. After hearing both sides, I think there can be a
direction to the 4th respondent to consider Ext.P2 within a time
frame.
Therefore, this Writ Petition (Crl.) is disposed of in the
following manner:
1. The 4th respondent is directed to consider and
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take appropriate steps in accordance with the law on
Ext.P2 and communicate the decision taken in it to the
petitioner, as expeditiously as possible, at any rate, within
a period of one month from the date of receipt of a copy
of this judgment.
2. The petitioner will produce a certified copy of this
judgment along with a copy of this Writ Petition (Crl.) with
exhibits before the 4th respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
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APPENDIX OF WP(CRL.) 460/2025
PETITIONER EXHIBITS
EXHIBIT P1 A COPY OF THE FIR REGISTERED AS CRIME NO.913/2024 BEFORE THE CHAVAKKAD POLICE STATION, THRISSUR DISTRICT DATED 02.11.2024 EXHIBIT P2 A TRUE COPY OF THE COMPLAINT DATED 02.04.2025 SUBMITTED BEFORE THE 4TH RESPONDENT EXHIBIT P3 A TRUE COPY OF THE ACKNOWLEDGEMENT DATED 07.04.2025 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT
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