[Cites 12, Cited by 0]
Kerala High Court
Shiyas P.H vs The Director General Of Police on 4 February, 2026
Author: K. Babu
Bench: K. Babu
2026:KER:11176
W.P (Crl) No.1361 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947
WP(CRL.) NO. 1361 OF 2025
CRIME NO.132/2019 OF Kollam West Police Station, Kollam
PETITIONER:
SHIYAS P.H.
AGED 44 YEARS
S/O. ASSANARUKUNJU, PUTHENVILA NEW MANZIL,
VENGA P.O., MYNAGAPPALLY, KOLLAM DISTRICT,
PIN - 690521
BY ADVS.
SHRI.R.MAHESH (KOTTAPPURAM)
SHRI.SINU.G.NATH
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE
STATE OF KERALA, KERALA POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN - 695010
2 THE SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDANT OF POLICE, ASRAMAM,
KOLLAM DISTRICT, PIN - 691001
3 THE STATION HOUSE OFFICER
WEST POLICE STATION, KOLLAM, PIN - 691013
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W.P (Crl) No.1361 of 2025
2
4 FIROZ KHAN
VINOD MANZIL, MAYYANADU P.O., ERAVIPURAM, KOLLAM,
PIN - 691303
5 SHAHUL HAMEED
VINOD MANZIL, MAYYANADU P.O., ERAVIPURAM, KOLLAM
CURRENTLY RESIDING AT A.R. CAMP POLICE QUARTERS,
KOLLAM, PIN - 691001
6 DILEEP KHAN
VINOD MANZIL, MAYYANADU P.O., ERAVIPURAM, KOLLAM
CURRENTLY RESIDING AT A.R. CAMP POLICE QUARTERS,
KOLLAM, PIN - 691001
BY ADVS.
PUBLIC PROSECUTOR
DIRECTOR GENERAL OF PROSECUTION
P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P.
SHRI.SAJJU.S., SENIOR G.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P (Crl) No.1361 of 2025
3
K.BABU, J.
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W.P (Crl) No.1361 of 2025
---------------------------------------
Dated this the 4th day of February, 2026
JUDGMENT
The prayers in this Writ Petition (Criminal) filed under Article
226 of the Constitution of India are as follows:
"i. Issue a writ of Mandamus or any other appropriate writ,
order or direction to the 1 st respondent to conduct a fair,
impartial and time-bound further investigation in crime
no.132/2019 of the West Police Station, Kollam;
ii. Issue a writ of Mandamus or any other appropriate writ,
order or direction to the 1st respondent to constitute a
Special Investigation Team to investigate the crime
No.132/2019 registered in the West Police Station, Kollam;
iii. Pass any other order(s) or direction(s) as may be
deemed fit in the facts and circumstances of the case in
the interest of justice."
2. The petitioner is the defacto complainant in C.C No.138/2019
on the file of the Judicial First Class Magistrate Court-III, Kollam.
The offences alleged against the accused in the case are
punishable under Sections 294(b), 323, 324, 506(1) and 34 of the IPC.
The relevant facts:
3. The petitioner filed Guardian and Wards OP No.1422/2017
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before the Family Court, Kollam, for getting custody of his minor
son. His wife is no more. His son was in the custody of his father-
in-law. On 07.09.2018, the petitioner, his father-in-law and his
brother-in-law were present on the premises of the Family Court.
While handing over of the child, a scuffle occurred between the
parties. The petitioner sustained injuries.
3.1. The petitioner filed a complaint alleging offences
punishable under Sections 294(b), 323, 324, 506(1) and 34 of the IPC
before the West Police station, Kollam arraying respondent Nos.4, 5
and 6 as accused. The Police conducted investigation and
submitted final report. In the final report, the Police arrayed
respondent Nos.4 and 5 as accused. The other persons arrayed as
accused were deleted from the array of the accused in the final
report. The Police submitted the final report as early as on
16.02.2019. On 06.03.2019, the petitioner filed a complaint before the
Director General of Police alleging that there is discrepancy in the
investigation. In the complaint, he further alleged that since
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respondent No.6 was a Police Officer the Investigating agency
deleted him under his influence. Thereafter on 23.11.2019, the
petitioner submitted a complaint before the Superintendent of
Police, Kollam raising the allegations referred to above. He had
also submitted a complaint before the Chief Minister. The
authorities concerned conducted inquiry into the allegations
levelled in Exts.P16 and P18 complaints filed by the complainant and
closed them.
4. Now the petitioner seeks a direction to conduct further
investigation in the matter.
5. I have heard the learned counsel for the petitioner and the
learned Public Prosecutor.
6. The learned counsel for the petitioner submitted that the
investigation was an absolute sham. The learned counsel further
submitted that the statement of the petitioner was altered. The
learned counsel also submitted that the Police recorded incorrect
statements under Section 161 Cr.PC. The learned counsel for the
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petitioner further stated that there was inordinate delay in
recording the statement of the petitioner.
7. The learned Public Prosecutor countered and submitted
that the Police conducted fair and proper investigation in the
matter. The higher authorities in the Police, based on the
complaints submitted by the petitioner, conducted enquiry and
came to the conclusion that the allegations are false.
8. The Investigating Officer submitted a report stating that
based on the available evidence, witness statements and medical
records he came to the conclusion that respondent No.6 has not
committed any offences as alleged. As early as in 2019, the
petitioner had knowledge regarding the fact that respondent No.6
was deleted from the array of the accused. The petitioner had the
remedy of filing a private complaint before the jurisdictional
Magistrate or raising objections to the final report in the
jurisdictional court and seeking further investigation. After a long
lapse of six years, when the case went for trial and summons was
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issued to the witnesses, the petitioner approached this Court,
invoking the jurisdiction under Article 226 of the Constitution of
India, seeking a direction for further investigation.
9. In Sakiri Vasu v. State of U.P. [(2008) 2 SCC 409] the Apex
Court held that if a person has a grievance that his FIR has not
been registered by the Police, or having been registered, proper
investigation is not being done, then the remedy of the aggrieved
person is not to go to the High Court under Article 226 of the
Constitution of India but to approach the Magistrate Court
concerned under the statutory provisions.
10. The Apex Court in All India Institute of Medical Sciences
Employees' Union (Regd.) v. Union of India [(1996) 11 SCC 582];
Gangadhar Janardan Mhatre v. State of Maharashtra [(2004) 7 SCC
768]; Minu Kumari v. State of Bihar [(2006) 4 SCC 359], Hari Singh v.
State of U.P. [(2006) 5 SCC 733], Divine Retreat Centre v. State of
Kerala and Others [(2008) 3 SCC 542], M.Subramaniam and Another
v. S.Janaki and Another [(2020) 16 SCC 728], Sudhir Bhaskarrao
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Tambe v. Hemant Yashwant Dhage and Others [(2016) 6 SCC 277],
Fr.Sebastian Vadakkumpadam v. Shine Varghese and Others [2018
(3) KHC 590] ; and Michael Varghese v. Chief Minister of Kerala and
Others (2020 SCC OnLine Ker 2794) reiterated the principles
discussed above.
The Writ Petition, therefore, lacks merits and it stands
dismissed.
Sd/-
K.BABU,
JUDGE
KAS
2026:KER:11176
APPENDIX OF WP(CRL.) NO. 1361 OF 2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE FIR IN CRIME NO. 132
/2019 OF WEST POLICE STATION, KOLLAM
DATED 16.02.2019
Exhibit-P2 A TRUE COPY OF THE FINAL REPORT IN
C.C.NO.138/2019 DATED 18.03.2019
Exhibit-P3 A TRUE COPY OF I.A.NO.3981/2018 FILED
BY THE PETITIONER BEFORE THE FAMILY
COURT DATED 10.12.2018
Exhibit-P4 A TRUE COPY OF THE ORDER IN
I.A.NO.3981/2018 DATED 29.12.18
Exhibit-P5 A TRUE COPY OF THE RELEVANT PAGE OF THE
POLICE AID POST REGISTER OF DISTRICT
HOSPITAL KOLLAM DATED 09.02.2019 ISSUED
ON 23.03.2019
Exhibit-P6 A TRUE COPY OF THE CASUALTY OUT PATIENT
TICKET OF THE PETITIONER DATED
09.02.2019 OF DISTRICT HOSPITAL, KOLLAM
Exhibit-P7 A TRUE COPY OF THE ACCIDENT REGISTER-
CUM- WOUND CERTIFICATE DATED 09.02.2019
Exhibit-P8 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED 09.02.2019
Exhibit-P9 A TRUE COPY OF THE OUT PATIENT RECORD
OF THE PETITIONER AT TALUK HEAD
QUARTERS HOSPITAL, SASTHAMCOTTA DATED
09.02.2019
Exhibit-P10 A TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 12.02.2019
Exhibit-P11 A TRUE COPY OF THE RECEIPT OF THE EXT-
P10 COMPLAINT DATED 12.02.2019
Exhibit-P12 A TRUE COPY OF THE STATEMENT OF THE
PETITIONER RECORDED BY THE POLICE ON
16.02.2019
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Exhibit-P13 A TRUE COPY OF THE NOTE DATED
16.02.2019 PREPARED BY THE OFFICER WHO
RECORDED THE EXT-P12 STATEMENT
Exhibit-P14 A TRUE COPY OF THE DISCHARGE SUMMARY OF
THE PETITIONER DATED 20.02.2019 ISSUED
FROM THE MEDICAL COLLEGE HOSPITAL,
ALAPPUZHA
Exhibit-P15 A TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE THE 1ST RESPONDENT BY THE
ADVOCATE OF THE PETITIONER DATED
27.02.2019
Exhibit-P16 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 06.03.2019
Exhibit-P17 A TRUE COPY OF THE SAID FABRICATED
STATEMENT
Exhibit-P18 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 23.11.2019
Exhibit-P19 TRUE COPY RECEIPT OF EXT-P19 COMPLAINT
ISSUED BY THE 2ND RESPONDENT OFFICE
DATED 23.11.2019
Exhibit-P20 A TRUE COPY OF THE SAID COMPLAINT
SUBMITTED BEFORE THE CHIEF MINISTER
DATED 07.12.2019
Exhibit-P21 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE ADVOCATE OF THE PETITIONER
BEFORE THE 2ND RESPONDENT DATED
26.12.2019
