Kerala High Court
Joy M. K vs State Of Kerala on 26 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 11207 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 26TH DAY OF MAY 2025 / 5TH JYAISHTA, 1947
WP(C) NO. 11207 OF 2024
PETITIONER(S):
JOY M. K
AGED 65 YEARS
MATTATHIL HOUSE, CHARUVALOOR P. O, KORATTY,
THRISSUR DISTRICT., PIN - 680308.
JOY M. K (Party-In-Person)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001.
2 CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY ITS DIRECTOR, HEAD OFFICE AT PLOT
NO.5B, 6TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW
DELHI-110003., SPECIAL CRIME BRANCH OFFICE AT TC
1757/5, CBI OCR COMPLEX, MUTTATHARA, VALLAKADAVU
P.O., TRIVANDRUM., PIN - 695008.
3 STATE POLICE CHIEF
POLICE HEAD QUARTERS, TRIVANDRUM., PIN - 695010.
4 DEPUTY SUPERINTENDENT OF POLICE
CRIME BRANCH, THRISSUR., PIN - 680001.
5 THE DEPUTY SUPERINTENDENT OF POLICE
CHALAKUDY, THRISSUR., PIN - 680307.
WP(C) NO. 11207 OF 2024
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6 ALOOR SERVICE CO-OPERATIVE BANK LTD NO.693
REPRESENTED BY ITS SECRETARY, ALOOR P.O.,
THRISSUR., PIN - 680683
*7 ADGP (Crimes),
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM, KERALA, 695010.
*(R7 IS SUO MOTU IMPLEADED AS ADDL.7TH
RESPONDENT BY ORDER DATED 26.05.2025.
SRI.HRITHWIK.C.S, SR.PP,
SRI.SREELAL.N.WARRIER, SC(CBI)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
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WP(Crl) No. 11207 of 2024
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Dated this the 26th day of May, 2025
JUDGMENT
This WP(Crl) has been filed for the following prayers.
i "I Issue a writ of mandamus or such other
Writ, Order or direction directing the 1st
respondent to hand over the investigation to
the 2nd respondent for a proper and effective
investigation.
ii To issue a writ of mandamus or such other
Writ or order directing the 3rd respondent to
entrust the investigation of the FIR in Crime
No.62/2000 of Koratty police station to any
high level team of investigative agency
untramelled by the observations and findings
so far arrived at.
iii To grant such other reliefs that are
deemed fit and proper in the interest of
justice."
2. The father of the petitioner is missing from
the year 2000 onwards and the grievance of the petitioner is
that there is no proper investigation about the same. Initially,
the local police investigate the matter and referred the case as
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'undetected'. Subsequently, the investigation was hand over to
Crime Branch and they also filed a report as 'undetected'.
According to the petitioner the attempt of the police is to
create an impression that the father of the petitioner
absconded himself to escape from the criminal liability of
cheating. The petitioner approached the Magistrate Court and
further investigation was ordered. Even then there was no
response. The protest complaint filed by the petitioner was
dismissed and revision filed against the same was also
dismissed. Subsequently, the petitioner submitted an
application to point the doubts, discrepancies, mistakes etc to
the investigating agency. Exts.P16 and P17 reports were
submitted to the State Government in which it is reported that
an investigation by the 2nd respondent, CBI can be ordered to
protect the interest of the petitioner is the submission. But the
first respondent has not taken any decision is the grievance of
the petitioner. Thereafter, no steps are taken. Hence, this writ
petition.
3. The petitioner appeared in person. I also
heard the learned Public Prosecutor.
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4. Admittedly, the father of the petitioner is
missing, It is also an admitted fact that the police authorities
referred the case as 'undetected'. If a man is missing, it is the
duty of the police authorities to continue the investigation. It
cannot be closed as undetected indefinitely. It reveals in the
writ petition that the case was investigated by the Crime
Branch police, Thrissur. I am of the considered opinion that
the Case Diary in the above case should be summoned by the
additional 7th respondent and after perusing the same, he
should do the needful to continue the investigation in
accordance with law. The decision taken by the Additional 7 th
respondent should be communicated with the petitioner
within a time frame.
The writ petition is disposed of the following
directions;
1. The Additional 7th respondent will summon the case
diary from the officer concerned within two weeks
from the date of receipt of copy of this judgment.
2. Once the case diary is received the Additional 7 th
respondent will look into the same and hear the
petitioner and thereafter take appropriate decision in
accordance with law to continue the investigation.
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3. The decision taken shall be communicated with the
petitioner within two months from the date of receipt
of copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
mea
WP(C) NO. 11207 OF 2024
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APPENDIX OF WP(C) 11207/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO.
62/2000 OF KORATTY POLICE STATION
Exhibit P2 TRUE COPY OF THE FINAL REPORT DATED
25.03.2001 IN CRIME NO. 62/2000 OF
KORATTY POLICE STATION
Exhibit P3 TRUE COPY OF THE JUDGEMENT DATED
08.01.2003 IN O.P.NO.36638/2002 ON THE
FILES OF THIS HON'BLE COURT
Exhibit P4 TRUE COPY OF THE FIR AND CHARGE SHEET
IN CRIME NO.52/2001 OF KODAKARA POLICE
STATION
Exhibit P5 TRUE COPY OF THE LETTER DATED
10.04.2000 ALONG WITH ITS
ACKNOWLEDGEMENT CARD
Exhibit P6 TRUE COPY OF THE STATEMENT DATED
02.02.2001 OF THE THEN SECRETARY OF THE
6TH RESPONDENT
Exhibit P7 TRUE COPY OF THE LETTER ALLEGEDLY SENT
BY MR.KUNJUVAREETH TO THE THEN
SECRETARY OF THE BANK MR. V. L.
VARGHESE
Exhibit P8 TRUE COPY OF THE FINAL REPORT DATED
09.12.2004 SUBMITTED BY THE 4TH
RESPONDENT
Exhibit P9 TRUE COPY OF THE LETTER DATED
24.04.2009 ISSUED BY THE DISTRICT
POLICE CHIEF
Exhibit P10 TRUE COPY OF THE LETTER RECEIVED UNDER
THE RIGHT INFORMATION ACT DATED
25.09.2012
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Exhibit P11 TRUE COPY OF THE FINAL REPORT DATED
19.11.2015 SUBMITTED BEFORE WE JUDICIAL
FIRST CLASS, MAGISTRATE COURT,
CHALAKUDY
Exhibit P12 TRUE COPY OF THE PETITION AS CMP
18477/2015 ON THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE COURT,
CHALAKKUDY
Exhibit P13 TRUE COPY OF THE ORDER DATED 23. 08.
2016 IN CMP.NO.18477/2015 BEFORE THE
JUDICIAL, FIRST CLASS, MAGISTRATE,
COURT, CHALAKUDY
Exhibit P14 TRUE COPY OF THE REVISION PETITION,
CRL.R.P.35/2016 ON THE FILES OF THE 4TH
ADDITIONAL SESSION'S COURT, THRISSUR
Exhibit P15 TRUE COPY OF THE ORDER DATED 19.12.2016
IN CRL.R.P.35/2016 ON THE FILES OF THE
4TH ADDITIONAL SESSION'S COURT,
THRISSUR.
Exhibit P16 TRUE COPY OF THE REPORT SUBMITTED BY
THE 4TH RESPONDENT TO THE DISTRICT
POLICE CHIEF, THRISSUR DATED 24-11-2023
Exhibit P17 TRUE COPY OF THE REPORT DATED
14.12.2023, ALONG WITH ITS ANNEXURES
RECEIVED UNDER RTI ACT
Exhibit P18 TRUE COPY OF THE LETTER GIVEN BY
MR.DEVACHAN AND HIS WIFE MRS.SHINY
DATED 14-02-2004
Exhibit P19 TRUE COPY OF THE COMPLAINT ALONG WITH
ITS RECEIPT AND REPORT OF SHO, KORATTY
POLICE STATION
