Kerala High Court
Abdul Latheef vs State Of Kerala on 26 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.1253 of 2023
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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(CRL.) NO. 1253 OF 2023
CRIME NO.687/2023 OF Changaramkulam Police Station,
Malappuram
PETITIONER(S):
ABDUL LATHEEF
AGED 60 YEARS
S/O. MUHAMMED @ KUNCHIPPA, MUKKADAKATT HOUSE,
ALAMKODE, PANTHAVOOR, MALAPPURAM DT., PIN - 679585
BY ADVS.
A.HAROON RASHEED
P.JAYARAM
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, DEPARTMENT OF HOME AND VIGILANCE,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM,
PIN - 695001
2 STATE POLICE CHIEF
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM,
PIN - 695001
3 STATION HOUSE OFFICER
CHANGARAMKULAM POLICE STATION, MALAPPURAM DT.,
W.P.(Crl.).No.1253 of 2023
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PIN - 679575
4 CENTRAL BUREAU OF INVESTIGATION (CBI)
SPECIAL CRIME BRANCH (SCB), TC/1757/5, CBI OCR
COMPLEX, MUTTATHARA, VALLAKADAV P.O,
THIRUVANANTHAPURAM, PIN - 695008
5 DIRECTOR, CENTRAL BUREAU OF INVESTIGATION (CBI)
6TH FLOOR, LODHI ROAD, PLOT NO. 5-B, JAWAHARLAL
NEHRU STADIUM MARG, CGO COMPLEX, NEW DELHI, DELHI,
PIN - 110003
BY ADV.
SRI. HRITHWICK C.S., SENIOR PP
DR.K.P.SATHEESAN (SR.), SPECIAL PUBLIC PROSECUTOR
(CBI)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 26.05.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).No.1253 of 2023
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) No.1253 of 2023
-------------------------------
Dated this the 26th day of May, 2025
JUDGMENT
The Writ Petition (Crl.) is filed seeking the following
reliefs:
"i. Issue a writ of mandamus or other appropriate writ,
order directing the 4th respondent C.B.I to take over
investigation of Crime No. 687/2023 of Changaramkulam
Police Station, Malappuram District and further
investigate the case to trace out the petitioner's son.
ii. Grant such other reliefs as this Honourable Court may
deem fit and proper in the facts and circumstances of the
case and one to dispense the English translation of the
vernacular documents produced herewith."[SIC]
2. The petitioner is aggrieved by the
investigation conducted in Crime No.687/2023 of
Changaramkulam Police Station which was registered under
Section 57 of the Kerala Police Act, 2011. The case was
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initiated based on a complaint filed by the petitioner on
11.07.2023. The petitioner's son, Jamsheer, aged 25 years
old, holding Indian Passport No.V4109782 and Aadhar Card
No: 611833340315, has been missing since April 2023.
Jamsheer, a B.S.C. Electronics degree holder, had been
working in Ernakulam and went to UAE on 13.11.2022 in
search of employment on a visiting visa. Until 29.03.2023, he
regularly communicated with the petitioner's home through
phone calls and text messages through WhatsApp from his
mobile phone is the submission. However, after 04.04.2023,
all contacts ceased, and his mobile number was found
switched off. On 06.04.2023, the petitioner's elder son
received a WhatsApp message from Jamsheer's mobile
number, composed in Malayalam but using English characters,
claiming that he had been arrested at Nepal airport with 1.5
kilograms of gold and would be granted bail in a few days.
Thereafter, it is submitted that the petitioner learnt from the
UAE emigration department that Jamsheer left UAE on
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22.03.2023 and arrived at Hyderabad airport on 23.03.2023.
Subsequently, there was no updates is the submission. It is
submitted that the son of the petitioner is missing for the last
two years and no investigation is conducted by the police.
According to the petitioner, he suspects foul play in the
messages received and believes that his son is in trouble. It
is also submitted by the petitioner that, attempts to contact
authorities in Nepal is also in vain and there is no
investigation, and the petitioner's concern is that his son may
be under illegal detention. According to the petitioner, the
delay in an effective investigation poses a serious risk to the
son of the petitioner and therefore, the investigation is to be
conducted by the Central Bureau of Investigation because the
investigation is to be conducted in different States and in
other countries also. The petitioner submitted complaints to
the Chief Minister of Kerala, the Director General of Police,
and other authorities, seeking a CBI investigation. But, there
is no response. Hence, this Writ Petition (Crl.) is filed.
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3. Heard the learned counsel appearing for the
petitioner, the learned Standing Counsel appearing for the CBI
and the learned Public Prosecutor.
4. The Public Prosecutor submitted that
Jamsheer's last location, as per the mobile phone tower
location, is at Howrah in Kolkata. The jurisdiction of the
Kerala police is limited and it will be better to entrust the
matter to the CBI. Counsel for the petitioner submitted that it
is a case that is to be investigated by the CBI.
5. This Court considered the contentions of the
petitioner and the respondents. The son of the petitioner is
missing for the last two years. The Kerala police is not able
to proceed with the investigation because the incident
happened outside the State. In the facts and circumstances
of the case, I think the case is to be investigated by the 4 th
respondent. Only the 4th respondent can conduct an effective
investigation in the matter because, according to the
petitioner, his son was in Nepal and thereafter, he reached
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Hyderabad. But the Public Prosecutor says that his last tower
location was at Howrah in Kolkata. Therefore, I am of the
considered opinion that the case is to be investigated by the
4th respondent.
Therefore, this Writ Petition (Crl.) is disposed of in
the following manner:
1. The 3rd respondent is directed to hand over the entire
Case Diary in Crime No.687/2023 of Changaramkulam
Police Station to the 4th respondent forthwith, at any
rate, within a period of three weeks from the date of
receipt of a copy of this judgment.
2. Once the Case Diary is received, the 4th respondent
will proceed with the investigation in accordance with
the law.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
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APPENDIX OF WP(CRL.) 1253/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE F.I.R IN CRIME NO.
687/2023 OF CHANGARAMKULAM POLICE STATION
EXHIBIT P2 TRUE COPY OF THE HIGHER SECONDARY SCHOOL
CERTIFICATE OF PETITIONER'S SON
EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS OF THE
PETITIONER'S SON
EXHIBIT P4 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER TO CHIEF MINISTER OF KERALA
DATED NIL
EXHIBIT P5 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER TO DIRECTOR GENERAL OF POLICE
OF KERALA DATED NIL
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER FOR CBI ENQUIRY TO THE 1ST
RESPONDENT DATED 31/10/2023
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION FILED BY
THE PETITIONER FOR CBI ENQUIRY TO THE 4TH
RESPONDENT DATED 31/10/2023
EXHIBIT P8 TRUE COPY OF THE REPLY RECEIVED BY THE
PETITIONER FROM 4TH RESPONDENT DATED
6/11/2023
