Kerala High Court
Paul R vs State Of Kerala on 27 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(CRL.) NO. 766 OF 2024 1
2025:KER:36516
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
WP(CRL.) NO. 766 OF 2024
CRIME NO.1986/2023 OF Neyyattinkara Police Station,
Thiruvananthapuram
PETITIONER/S:
PAUL R.
AGED 56 YEARS
S/O.ROBERT JOHN, LITTLE FLOWER COTTAGE, NETHAJI ROAD,
PRAVACHAMBALAM, NEMOM P.O., THIRUVANANTHAPURAM
DISTRICT., PIN - 695020
BY ADV I.SHEELA DEVI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM ., PIN -
695001
2 THE DISTRICT POLICE CHIEF
THIRUVANANTHAPURAM RURAL POLICE, PMG ROAD, UNIVERSITY
OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM., PIN - 695033
3 THE CIRCLE INSPECTOR OF POLICE
NEYYATTINKARA POLICE STATION, NEYYATTINKARA
KATTAKKADA ROAD, ALUMMOODU, THIRUVANANTHAPURAM., PIN
- 695121
WP(CRL.) NO. 766 OF 2024 2
2025:KER:36516
4 THE STATION HOUSE OFFICER
NEYYATTINKARA POLICE STATION, NEYYATTINKARA
KATTAKKADA ROAD, ALUMMOODU, THIRUVANANTHAPURAM., PIN
- 695121
5 SAJAN B.B. ALIAS SAJAN
AGED 53 YEARS
S/O.BELSSASAR, SANTHIKA KUDIYIRIPPIL, VLANGAMURI,
KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE,
THIRUVANANTHAPURAM DISTRICT., PIN - 695121
BY ADV ADVOCATE GENERAL OFFICE KERALA,SMT.SEETHA S,
SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 27.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(CRL.) NO. 766 OF 2024 3
2025:KER:36516
P.V.KUNHIKRISHNAN, J
--------------------------------------
W.P. (Crl.) No. 766 of 2024
--------------------------------------
Dated this the 27th day of May, 2025
JUDGMENT
The above writ petition (crl) is filed with following
prayers :
i. "To call for the case diary in Crime No.1986/2023
dated 04.11.2023 registered by the Neyyattinkara Police
Station, Thiruvananthapuram District and by issuing a writ of
mandamus commanding the 3rd and 4th respondents to hand
over the investigation to any other police officer not below the
rank of the 2nd respondent District Police Chief and direct to
conduct an effective and impartial investigation in a time
bound manner;
ii. To pass such other reliefs that this Hon'ble Court
deem fit and proper.
iii. To permit the petitioner to dispense with filing of
translation of exhibits in vernacular language along with the
Writ Petition (Criminal) ." [sic]
2. Admittedly, the final report in Crime
No.1986/2023 of Neyyattinkara Police Station is filed before the
2025:KER:36516
jurisdictional Magistrate Court on 30.01.2024. The matter is
pending before the jurisdictional court. The petitioner want
further investigation in this case. If that is the case, the
petitioner has to approach the jurisdictional court with
appropriate application under Sec.173(8) Cr.P.C./Sec.193(9)
BNSS
Granting liberty to the petitioner to approach the
jurisdictional court, in accordance with law, this writ petition
(crl) is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
2025:KER:36516
APPENDIX OF WP(CRL.) 766/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE FIR IN CRIME NO.1986/2023
REGISTERED BY THE 4TH RESPONDENT DATED
04.11.2023.
Exhibit-P2 TRUE COPY OF THE FINAL REPORT DATED
04.11.2023 IN CRIME NO.1986/2023 SUBMITTED
BY THE 4TH RESPONDENT ON 30.01.2024 BEFORE
THE JUDICIAL FIRST-CLASS MAGISTRATE COURT-
I, NEYYATTINKARA.
Exhibit-P3 TRUE COPY OF THE PETITION DATED 02.02.2024
AS C.M.P.NO.742/2024 FILED UNDER SECTION
156 (6) CR.P.C. BEFORE THE JUDICIAL FIRST-
CLASS MAGISTRATE COURT-1, NEYYATTINKARA BY
THE PETITIONER.
Exhibit-P4 TRUE COPY OF THE ORDER DATED 25.03.2024 IN
C.M.P.NO.742/2024 OF THE JUDICIAL FIRST-
CLASS MAGISTRATE COURT-1, NEYYATTINKARA.
Exhibit-P5 TRUE COPY OF THE INTERIM ORDER W.P.(C)
NO.28255/2023 DATED 23.08.2023 OF THE
HON'BLE HIGH COURT OF KERALA.
Exhibit-P6 TRUE COPY OF THE NOTICE DATED 28.08.2023
ISSUED BY THE POLICE INSPECTOR ATTACHED TO
THE OFFICE OF THE 4TH RESPONDENT TO THE
PETITIONER.
Exhibit-P7 TRUE COPY OF THE COMPLAINT DATED
06.11.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
Exhibit-P8 TRUE COPY OF THE POSSESSION CERTIFICATE
NO.82486567 DATED 18.12.2023 IN
SY.NO.241/4 TO THE EXTENT OF 5 CENTS OF
PROPERTY TO THE PETITIONER
2025:KER:36516
Exhibit-P9 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.28950/2023 DATED 04.04.2024 OF THE
HON'BLE HIGH COURT OF KERALA.
