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Manu N.S vs State Of Kerala
2025 Latest Caselaw 7258 Ker

Citation : 2025 Latest Caselaw 7258 Ker
Judgement Date : 26 June, 2025

Kerala High Court

Manu N.S vs State Of Kerala on 26 June, 2025

Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
                                             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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