Kerala High Court
M.A.Saji Roshan Advocate vs Sajeela Rafeek on 30 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:37909
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 30TH DAY OF MAY 2025 / 9TH JYAISHTA, 1947
WP(CRL.) NO. 436 OF 2025
PETITIONER:
M.A.SAJI ROSHAN ADVOCATE
AGED 59 YEARS
S/O OF LATE AZIZ, POTHULLY BUILDINGS, POOTHULLY LANE,
ERNAKULAM, PIN - 682 018.
BY ADV SMT.V.I.CHITHRANJALI
RESPONDENTS:
1 SAJEELA RAFEEK
W/O E.RAFEEK, ADVOCATE AND NOTARY, S/O LATE ESMAIL,
SHERIN MANZIL, THATHANPALLY POST, ALAPPUZHA,
PIN - 688 013.
2 E.RAFEEK
ADVOCATE AND NOTARY, S/O LATE ESMAIL, SHERIN
MANZIL,THATHANPALLY POST, ALAPPUZHA,
PIN - 688 013.
3 PRASANT.K.S
AGED 44 YEARS
S/O SOMAN RESIDING AT KOZHIKULANGARA, MUHAMMA POST,
ALAPPUZHA, PIN - 688 525.
4 STATION HOUSE OFFICER
NORTH POLICE STATION ALAPPUZHA,
PIN - 688 001.
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5 DISTRICT POLICE CHIEF
SP OFFICE, ALAPPUZHA, PIN - 688 001.
6 STATE POLICE CHIEF (DGP)
KERALA STATE POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695 010.
7 ADDITIONAL DIRECTOR GENERAL OF POLICE
CRIME BRANCH HEAD QUARTERS, EANCHAKKAL
THIRUVANATHPURAM, PIN - 695 008.
8 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
9 UNION OF INDIA
MINISTRY OF LAW AND JUSTICE 441, A WING, SHASTRI BHAVAN,
NEW DELHI, PIN - 110 001.
BY ADV. SEETHA.S, SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
30.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
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W.P (Crl.) No.436 of 2025
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Dated this the 30th day of May, 2025
JUDGMENT
The above Writ Petition (Crl) is filed with the
following prayers:-
"i) Issue writ of mandamus or any other writ,
order or direction directing the respondent
State of Kerala to engage Crime Branch Special
wing investigating financial fraud to investigate
Crime Number 1767/2024 of Alappuzha North
Police Station.
ii) Issue writ of mandamus of any other writ,
order or direction directing the respondent
State of Kerala to engage Crime Branch to
investigate Crime Number 282/2021 of
Alappuzha North Police Station.
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iii) Issue writ of mandamus of any other writ,
order or direction directing the respondents
not to implicate the petitioner into false case."
2. The grievance of the petitioner is that the
investigation in Crime No.1767/2024 of Alappuzha
North Police Station is not proceeding in a proper
manner. The petitioner is aggrieved by the
investigation.
3. The learned Public Prosecutor submitted
that a statement is filed by the present Investigating
Officer, who is 4th respondent. It will be better to
extract the relevant portion of the statement.
"5. It is submitted that, in connection with the
investigation of Crime No.1747/2024 registered
at Alappuzha North Police Station, the
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complainant, Saji Roshan, was contacted several
times to record his statement and produce
evidence relevant to the case. However, he has
repeatedly failed to appear at the station and
has not cooperated with the investigation."
4. The learned Counsel for the petitioner
submitted that he is ready to cooperate with the
investigation.
5. Considering the facts and circumstances of the
case and also considering the grievance of the
petitioner, I think there can be a direction to the
District Police Chief, Alappuzha to call for the case
diary and decide whether investigation conducted by
the present Investigating Officer is going smoothly. If
there is any defect in the investigation, the District
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Police Chief will do the needful and appoint a
Senior Officer to conduct the investigation.
6. Therefore, this writ petition (Crl.) is
disposed of with the following directions:-
a) The 5th respondent is directed to call
for the case diary in C.C. No.1767/2024
of Alappuzha North Police Station within
two weeks from the date of receipt of a
copy of this judgment.
b) Once, the case diary is received, the
5th respondent will peruse the same and
find out whether there is any defect in
the investigation.
c) If there is any defect in the
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investigation, the 5th respondent will
depute a Senior Officer to investigate the
case.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SRJ
WP(Crl.) NO. 436 OF 2025
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APPENDIX OF WP(CRL.) 436/2025
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE FIR IN IN CRIME NUMBER
1767/2024 DATED 16/12/2024 OF ALAPPUZHA NORTH
POLICE STATION.
EXHIBIT P2 A TRUE COPY OF THE FIR IN THE CRIME NUMBER
0119 DATED 16/01/2025 OF MUVATTUPUZHA POLICE
STATION.
EXHIBIT P3 A CERTIFIED COPY OF THE POWER OF ATTORNEY
DATED 05/10/2017.
EXHIBIT P4 A TRUE COPY OF THE SKETCH OF THE PROPERTY IN
O.S 97/97 OF SUB COURT ALAPPUZHA DATED 19TH
AUGUST 2006.
EXHIBIT P5 A TRUE COPY PROPERTY TAX RECEIPT FOR THE
ROOM AMC 1118/XVIII FROM 2007 TO 2016 ISSUED
FROM ALAPPUZHA MUNICIPALITY DATED 1ST
DECEMBER 2015.
EXHIBIT P6 A TRUE COPY PROPERTY TAX RECEIPT FOR THE
ROOM 1118/18 FROM 2016 TO 2017 ISSUED FROM
ALAPPUZHA MUNICIPALITY DATED 25TH MAY 2016.
EXHIBIT P7 A TRUE COPY OF THE PAPER PUBLICATION DATED
12TH DECEMBER 2020.
EXHIBIT P8 A TRUE COPY OF THE AUDIO FILE OF RAFEEK
INTIMIDATING ON 08/04/2024 THAT ' DHARALAM
CRIMINAL KAKSHIKAL ENTE OFFICENU CHUTTUM
VATTAM NADAKKUNNUNDU NJAN ONNU MULIYAL"
THAT THEY WILL BEAT ANY ONE STANDING ON HIS
WAY IS PRODUCED IN THE FORM OF SEALED COVER.
EXHIBIT P9 A TRUE COPY OF THE COMPLAINT ADDRESSED TO
THE CHIEF MINISTER OF KERALA DATED 05/03/2025.
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EXHIBIT P10 A TRUE COPY OF THE COMPLAINT ADDRESSED TO
THE DIRECTOR GENERAL OF POLICE DATED
05/02/2024.
