Kerala High Court
Soya K.S vs State Of Kerala on 9 September, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.1093 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
WP(CRL.) NO. 1093 OF 2025
CRIME NO.206/2023 OF Sasthamcotta Police Station, Kollam
AGAINST CC NO.167 OF 2024 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, SASTHAMCOTTA
PETITIONER(S):
SOYA K.S
AGED 49 YEARS
W/O. SALIM, KUNDARAYYATHU, TOWN WARD, KARALIMUKKU,
WEST KALLADA VILLAGE, KOLLAM -, PIN - 691500
BY ADVS.
SRI.K.SIJU
SHRI.S.ABHILASH
SMT.ANJANA KANNATH
SMT.SAFNA P.S.
SHRI.GAUTHAM SIJU
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE DEPARTMENT OF HOME,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHAKKAD,
THIRUVANANTHAPURAM, PIN - 695014
W.P.(Crl.).No.1093 of 2025
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3 THE DISTRICT POLICE CHIEF
KOLLAM RURAL, KOTTARAKKARA P.O., KOLLAM, PIN - 691506
4 STATION HOUSE OFFICER
SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA P.O., KOLLAM
DISTRICT, PIN - 690521
5 THE SUB INSPECTOR OF POLICE
SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA P.O., KOLLAM
DISTRICT, PIN - 690521
6 PRAJEESH CHANDRAN
S/O PRASADA CHANDRAN NAIR, AGED 44 YEARS, PREETHA
VILASOM, THEKKAN MYNAGAPPALLY, MYNAGAPPALLY VILLAGE,
KOLLAM DISTRICT, PIN - 690519
7 SADIYA S
AGED 30 YEARS, W/O IRSHAD, KURAVARAYATHU VEEDU,
KOIVILA, THEVALAKKARA VILLAGE, THEVALAKKARA P.O.,
KOLLAM, PIN - 690524
BY ADV.
SR PP, SRI.HRITHWIK C S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 09.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.).No.1093 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) No.1093 of 2025
-------------------------------
Dated this the 09th day of September, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the following
reliefs:
"i. To call for the case diary in Crime No.206/2023 of
Sasthamcotta police station, Kollam district and by issuing a
writ of mandamus commanding the respondents 1 to 3 to
hand over the investigation to crime branch wing of the Kerala
Police and direct to conduct an effective and impartial further
investigation in the crime 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." [SIC]
2. Petitioner is the defacto complainant in C.C.
No.167/2024 on the file of the Judicial First Class Magistrate
Court, Sasthamcotta, which arises from Crime No.206/2023 of
Sasthamcotta Police Station. The petitioner is aggrieved by the
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way in which the investigation is conducted in this case. The
petitioner submitted Ext.P4 representation before the 3 rd
respondent. The grievance of the petitioner is that the same is
not considered. Hence this Writ Petition (Crl.) is filed.
3. Heard the learned counsel appearing for the
petitioner and the learned Public Prosecutor.
4. Admittedly, the petitioner is the defacto
complainant in the above case. He has certain grievance about
the manner in which the investigation is conducted. He submitted
Ext.P4 representation before the 3rd respondent in which it is
stated that further investigation is necessary. I am of the
considered opinion that the 3rd respondent should look into the
same and do the needful in accordance with the law, and
communicate the decision taken in it to the petitioner within a
time frame.
Therefore, this Writ Petition (Crl.) is disposed of in the
following manner:
1. The 3rd respondent is directed to look into Ext.P4 and do
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the needful in accordance with the law and communicate
the decision taken in it to the petitioner, as expeditiously
as possible, at any rate, within a period of six weeks from
the date of receipt of a copy of this judgment. Before
passing orders, an opportunity of hearing should be given
to the petitioner.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
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APPENDIX OF WP(CRL.) 1093/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE COPY OF FIR WITH FIS IN CRIME
NO.206/2023 OF SASTHAMCOTTA POLICE STATION
DATED 08.02.2023
EXHIBIT P2 THE COPY OF COMMON ORDER DATED 06.03.2023 IN
CRL.MC NO.374/2023 AND CRL.MC NO.392/2023 ON
THE FILE OF SESSIONS COURT, KOLLAM
EXHIBIT P3 THE COPY OF FINAL REPORT DATED 05.05.2024 IN
CRIME NO.206/2023 OF SASTHAMCOTTA POLICE
STATION
EXHIBIT P4 THE COPY OF REPRESENTATION DT.28.07.2025
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT FOR FURTHER INVESTIGATION
