Kerala High Court
Jijish Kumar K.G vs The State Police Chief Of Kerala on 3 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP (Crl.) No.306 of 2025
2025:KER:38758
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947
WP(CRL.) NO. 306 OF 2025
PETITIONER(S)
JIJISH KUMAR K.G
AGED 36 YEARS, S/O KRISHNANKUTTY, MANAPPURATHU
VEEDU, KULATHOOR (PO), THIRUVANANTHAPURAM
DISTRICT, PIN-, PIN - 695583
BY ADV SRI.C.K.MOHANAN
RESPONDENT(S):
1 THE STATE POLICE CHIEF OF KERALA
THE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.
PIN-, PIN - 695004
2 THE ADDITIONAL DIRECTOR GENERAL OF POLICE OF
KERALA, CRIME BRANCH CRIME INVESTIGATION
DEPARTMENT (CBCID), PAZHAVANGADI,
THIRUVANANTHAPURAM., PIN - 695024
3 THE DISTRICT POLICE CHIEF
ALAPPUZHA DIST., PIN - 688012
4 THE DEPUTY SUPERINTENDENT OF POLICE
CHENGANNUR., PIN - 689122
5 THE STATION HOUSE OFFICER
CHEGANNUR POLICE STATION, , ALAPPUZHA
DISTRICT., PIN - 689121
6 EAPEN GEORGE ITTYERAH
FATHERS NAME NOT KNOWN TO THE PETITIONER, AGED
ABOUT 78, PERMANENT RESIDENT OF 'MADAVANA
BUNGALOW', KEECHERIMMEL MURI, CHENGANNUR (P.O),
ALAPPUZHA DISTRICT, PIN - , PRESENTLY RESIDING
AT 'GREEN HOME', DHALIYUR (P.O), NEAR DELHI
PUBLIC SCHOOL, COIMBATORE, PIN-641109, PIN -
689121
WP (Crl.) No.306 of 2025
2025:KER:38758
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7 MS.RANI ETTYERA
W/O EAPEN GEORGE ITTYERAH, AGED ABOUT 73,
PERMANENT RESIDENT OF 'MADAVANA BUNGALOW',
KEECHERIMMEL MURI, CHENGANNUR (P.O), ALAPPUZHA
DISTRICT,PRESENTLY RESIDING AT 'GREEN HOME',
DHALIYUR (P.O), NEAR DELHI PUBLIC SCHOOL,
COIMBATORE, PIN-641109, PIN - 689121
BY ADVS.
SMT.SEETHA S - SR.PP
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
SHRI.MANU SANKAR P.
SHRI.AMAL AMIR ALI
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 03.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP (Crl.) No.306 of 2025
2025:KER:38758
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P.V.KUNHIKRISHNAN, J.
-------------------------------------------
WP(Crl.) No.306 of 2025
--------------------------------------------
Dated this the 03rd day of June, 2025
JUDGMENT
The above Writ Petition(Crl.) is filed with the
following prayers:
"A. To issue a writ of mandamus, or order, or
direction to the respondents 1 and 2 to take
immediate steps to entrust the investigation in
Crime No. 1443/2023 of the Chengannur Police
Station, to the "Crime Branch Crime
Investigation Department" (The CBCID) of the
Kerala Police, with a stringent direction to
complete the investigation of the crime, in a
specific time bound manner by an upright, straight
forward, unbiased, non political and efficient
detective of the IPS cadre in the "CBCID", in the
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interest of justice and on humanitarian
considerations.
B. the 1st respondent may kindly be directed to
initiate exemplary departmental and punitive
action against the respondents 3 to 5, in the
interest of justice and to safeguard and protect the
majestic sanctity of the justice delivery system of
this "God's Own Country"
C. Issue any other appropriate writ, direction or
order, this gracious court deems fit and proper in
the circumstances of the case."
2. The petitioner is aggrieved by the
investigation in Crime No.1443/2023 of Chengannur
Police Station. According to the petitioner, a sale
agreement was executed between the petitioner and
the party respondent. It is the case of the petitioner
that an amount of Rs.10 lakhs was paid as per the
sale agreement. It is also the case of the petitioner
that the person who executed the sale agreement
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has no authority to execute the sale agreement and
the alleged power-of-attorney is forged. The
investigation is not going in the correct track is the
grievance. Hence, this writ petition is filed.
3. Heard the learned counsel appearing for
the petitioner, the learned Public Prosecutor and the
counsel appearing for respondent Nos.6 and 7.
4. The Public Prosecutor submitted that the
investigation is in the final stage and according to the
Investigating Officer, it is a pure civil dispute and no
criminal offence is made out. This is disputed by the
petitioner. According to the petitioner, the person
who executed the agreement has no authority to
execute the same and therefore an investigation by
Crime Branch is necessary. The counsel appearing
for the party respondents submitted that there is
nothing to interfere with the investigation and two
civil suits are pending before the civil court and there
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is an order of injunction also.
5. I don't want to make any observation about
the contentions of the parties. Considering the facts
and circumstances of the case, I think, there can be a
direction to the 3rd respondent to depute a senior
police officer to supervise the investigation in the
crime. The Investigating Officer will conduct the
investigation under the direct supervision of the
officer appointed by the 3rd respondent.
Therefore, this Writ Petition(Crl.) is disposed of
with the following directions:
1. The 3rd respondent is directed to
appoint a senior police officer above
the rank of the 5th respondent to
supervise the investigation in Crime
No.1443/2023 of Chengannur Police
Station, within a period of ten days
from the date of receipt of a copy of
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this judgment.
2. The investigation in Crime
No.1443/2023 of Chengannur Police
Station will be completed as
expeditiously as possible by the 5 th
respondent under the supervision of
the senior officer appointed by the 3 rd
respondent.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
2025:KER:38758
APPENDIX OF WP(CRL.) 306/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE AGREEMENT FOR
SALE EXECUTED BETWEEN THE 6TH
RESPONDENT AND THE PETITIONER DATED
14.01.2023
EXHIBIT P2 THE TRUE COPY OF THE LAWYER NOTICE
SENT BY THE 6TH RESPONDENT TO THE
PETITIONER DATED 12.06.2023
EXHIBIT P3 THE TRUE COPY OF THE POLICE
COMPLAINT FILED BY THE PETITIONER
TO THE 5TH RESPONDENT DATED
14.11.2023
EXHIBIT P4 THE TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT ISSUED TO THE PETITIONER BY
THE 5TH RESPONDENT DATED 15.11.2023
EXHIBIT P5 THE TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT ISSUED TO THE PETITIONER BY
THE 4TH RESPONDENT DATED 21.11.2023
EXHIBIT P6 THE TRUE COPY OF THE
ACKNOWLEDGEMENT RECEIPT ISSUED TO
THE PETITIONER BY THE 3RD
RESPONDENT DATED 22.11.2023
EXHIBIT P7 THE TRUE COPY OF THE CRL.M.P.
NO.4709/2023 DATED 07.12.2023
EXHIBIT P8 THE TRUE COPY OF THE FIR IN CRIME.
NO.1443/2023 REGISTERED BY THE 5TH
RESPONDENT DATED 16.12.2023
//TRUE COPY//
PA TO JUDGE
