Citation : 2025 Latest Caselaw 7258 Ker
Judgement Date : 26 June, 2025
2025:KER:46247
WP(CRL.) NO. 406 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
WP(CRL.) NO. 406 OF 2023
CRIME NO.2421/2020 OF Kadakkal Police Station, Kollam
PETITIONER/S:
MANU N.S.
AGED 35 YEARS
S/O LATE NAKHULAN, N S NIVAS, PULLUPANA P.O.,
EYYCODU, KADACKEL, KOLLAM DISTRICT ,
PIN - 691536
BY ADV SRI.S.R.SREEJITH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY HOME SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANTHAPURAM, PIN - 695001
2 THE STATE POLICE CHIEF
VAZHUTHAKADU, THIRUVANANTHAPURAM, PIN - 695010
3 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, LINK ROAD,
ASRAMAM, KOLLAM,, PIN - 691001
4 STATION HOUSE OFFICER
KADACKAL POLICE STATION, KOLLAM,, PIN - 691536
5 SUB INSPECTOR OF POLICE
KADACKEL POLICE STATION, KOLLAM DISTRICT,, PIN -
691536
2025:KER:46247
WP(CRL.) NO. 406 OF 2023
2
6 SHIGO
AGED 53 YEARS
S/O SADHANANTHAN, VYSHNAVAM, KOONTHALLOOR P.O.,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM,, PIN - 695101
7 SAJU
AGED 44 YEARS
RACHANA VILAYILMOOLA, ATTINGAL,
THIRUVANANTHAPURAM,, PIN - 695101
8 MANOJ KUMAR
AGED 57 YEARS
S/O VIDHOYADHARAN, M.G. ROAD, ATTINGAL,
THIRUVANANTHAPURAM, PIN 695101
9 SUDHARSAN
AGED 63 YEARS
K.P. NIVAS, IRATTAKALINKU, CHIRAYINKEEZHU,
THIRUVANANTHAPURAM, PIN - 695234
0 SUGUNAN
S/O PREBHAKARAN, K.P. NIVAS, IRATTAKALINKU,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM,, PIN - 695304
11 BINU
AGED 54 YEARS
S/O BALAKRISHNAN, CHINTHAVILAKHAM, KOONTHALLOOR,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM,, PIN - 695304
BY ADVS. SRI.V.S.NOWSHAD
SRI.R.MURALEEKRISHNAN
SMT.T.M.RESHMY
SMT.SITHARA.S
SMT.BINU K.B.
SMT.SEETHA S, SR PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 26.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:46247
WP(CRL.) NO. 406 OF 2023
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(Crl.).No.406 of 2023
----------------------------------------------
Dated this the 26th day of June, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. This Hon'ble court may be pleased to issue appropriate writs, directions or orders to respondents 1 to 3, to assign the investigation of crime No. 2421/2020 of Kadackal Police Station to another efficient police officer having a good track record.
OR This Hon'ble court may be pleased to issue appropriate writs. directions or orders to the responder 2 to 5, commanding them to conduct an efficient and proper investigation in crime No. 2421/2020 of Kadackal Police Station. ii. Issue a writ of mandamus or any other writ directing the respondents 2 to 5, to conduct the investigation into the fraudulent acts of respondents 6 to 11 with regard to the transfer of the vehicle. iii. Issue a writ of mandamus or any other writ directing the respondents 2 to 5, to conduct the investigation into the angle of abetment to commit suicide:
2025:KER:46247 WP(CRL.) NO. 406 OF 2023
iv. Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition (Crl.), production of English translations of documents in vernacular, may kindly be dispensed with for the time being;
v. Such other reliefs this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case (SIC)
2. The main prayer in this writ petition is to issue a
direction to 1 to 3, to assign the investigation of Crime
No.2421/2020 of Kadackal Police Station to another officer for a
proper investigation.
3. Today, when the matter came up for consideration,
the Public Prosecutor submitted that originally the case was
registered under Section 174 Cr.P.C and the case was closed.
Thereafter further investigation was conducted by the 4 th
respondent. But the defacto complainant did not co-operate and
therefore the case is subsequently closed. If that is the case,
this Court need not pass any further orders. But I make it clear
that if the petitioner is aggrieved by the further closure report,
he can challenge the same in accordance with law.
2025:KER:46247 WP(CRL.) NO. 406 OF 2023
With the above observation, this writ petition is disposed
of.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE 2025:KER:46247 WP(CRL.) NO. 406 OF 2023
APPENDIX OF WP(CRL.) 406/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEED OF PARTNERSHIP, DATED 19/11/2015, ENTERED INTO BETWEEN PETITIONER'S FATHER LATE NAKHULAN AND RESPONDENTS 6 TO 11 Exhibit P2 TRUE COPY OF THE FIR IN CRIME NO.
2421/2020 OF KADACKAL POLICE STATION DATED 7.11.2020 Exhibit P3 TRUE COPY OF THE PETITION, SEEKING AN EFFICIENT AND PROPER INVESTIGATION, DATED 21/11/2020 SUBMITTED BY PETITIONER BEFORE THE POLICE INSPECTOR, KADACKAL WITHOUT DOCUMENTS Exhibit P4 TRUE COPY OF THE REQUEST OF THE PETITIONER, UNDER THE RIGHT TO INFORMATION ACT, DATED 4/2/2021, SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER, KADAKKAL POLICE STATION, KOLLAM
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