Kerala High Court
Shereef Pudiyottil vs State Of Kerala on 12 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(Crl.) No.975 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
WP(CRL.) NO. 975 OF 2024
CRIME NO.608/2023 OF Thamarassery Police Station, Kozhikode
PETITIONER(S):
SHEREEF PUDIYOTTIL
AGED 42 YEARS, S/O. KUNHIPEEDIKAYIL KUNHABDULLA
HAJI, KUNHIPEEDIKAYIL HOUSE,VILLIAPALLY POST,
VADAKARA, PIN - 673542
BY ADV SMT.E.V.MOLY
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM., PIN - 695001
2 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHAKADU, TRIVANDRUM.,
PIN - 695014
3 THE ADDL. DIRECTOR GENERAL OF POLICE, (CRIME
BRANCH),POLICE HEAD QUARTERS,VAZHUTHAKADU,
TRIVANDRUM., PIN - 695014
4 THE OFFICE OF SUB DIVISIONAL POLICE OFFICER
THAMARASSERY SUBDIVISION, KOZHIKODE., PIN - 673573
5 THE STATION HOUSE OFFICER
THAMARASSERRY POLICE STATION, KOZHIKODE.,
PIN - 673573
6 6. KUNHIPEEDIKAYIL KUNHABDULLA HAJI,
S/O. LATE ANDHRU HAJI,PARADISE VILLA HOUSE,
KURUDIMUKKU, KARAYAD P.O., MAPPAVOUR
VILLAGE,KOILANDI TALUK, KOZHIKODE., PIN - 673524
7 MUHAMMED RAFEEQ KAAROATH
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S./O. MAMMU, PARAMBATH KAAROATH, VILATHAPURAM,
PURAMERI VILLAGE, VADAKARA,KOZHIKODE.,
PIN - 673503
BY ADV.:
SRI. HRITHWIK CS-SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 12.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
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WP(Crl.) No.975 of 2024
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Dated this the 12th day of June, 2025
JUDGMENT
The above Writ Petition(Crl.) is filed with the following prayers:
"(i) To issue writ of mandamus or other appropriate writ, direction or order directing the respondent Nos.2/3 to conduct proper investigation into crime No.608/2023 of Thamarasserry Police Station by constituting a special investigation team of the State Crime Branch.
(ii) To issue writ of mandamus or other appropriate writ, direction or order directing respondent No.4 to conduct detailed investigation for crime registered under Ext.P6.
(iii) To issue writ of mandamus or other appropriate writ, direction or order directing respondent No. 5 to conduct investigation under the supervision of respondent No.4. for crime registered under Ext. P6.WP(Crl.) No.975 of 2024
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(iv) Allow cost of the petition to the petitioner
(v) To dispense with the translation of the documents produced in the vernacular language. (Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case." (SIC)
2. The petitioner is aggrieved by the investigation in Crime No.608/2023 of Thamarassery Police Station. It was registered alleging offences punishable under Sections 463, 465, 468, 471 and 420 r/w 34 of IPC. According to the petitioner, the investigation in the case is not completed properly. Hence, this writ petition is filed.
3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
4. The counsel for the petitioner reiterated the contentions raised in this writ petition. The Public Prosecutor submitted that the investigation in the above case is already over and the Investigating Officer is waiting for the FSL report.
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5. This Court considered the contentions of the petitioner and the Public Prosecutor. Since the investigation is almost over and only the collection of FSL report is remaining for filing the charge sheet, I think, this Court need not interfere with the investigation at this stage. There can be a direction to the Investigating Officer to complete the investigation within a period of three months. The Investigating Officer can send a notice to the FSL authorities also about this direction, so that the report can be collected immediately.
Therefore, this Writ Petition(Crl.) is disposed of with the following directions:
1. The Investigating Officer in Crime No.608/2023 of Thamarassery Police Station is directed to complete the investigation, as expeditiously as possible and submit the final report, at any rate, within a period of WP(Crl.) No.975 of 2024 2025:KER:42405 6 three months, from the date of receipt of a certified copy of this judgment.
2. If the petitioner is aggrieved by the final report, the petitioner is free to do the needful, in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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APPENDIX OF WP(CRL.) 975/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE POWER OF ATTORNEY DATED
18.112015 ATTESTED BY EMBASSY OF INDIA DOHA EXECUTED IN THE NAME OF PETITIONER'S FATHER Exhibit P2 . THE COPY OF THE POWER OF ATTORNEY DATED 18.1.2023 RECEIVED BY THE PETITIONER IN HIS WHAT'S APP Exhibit P3 THE TRUE COPY OF THE COMPLAINT DATED 04.07.2023 SUBMITTED BY THE PETITIONER Exhibit P4 THE TRUE COPY OF THE LETTER NO.
CONS/DOHA/415/01/2023 DATED 11.07.2023 Exhibit P5 THE TRUE COPY OF THE REPLY DATED 13.07.2023 ISSUED BY THE SUB REGISTRAR OFFICE, THAMARASSERRY Exhibit P6 THE TRUE COPY OF THE FIR NO. 0608 DATED 13.8.2023 TOGETHER WITH THE STATEMENT OF THE PETITIONER AS RECORDED BY RESPONDENT NO.5 Exhibit P7 THE TRUE COPY OF THE LETTER DATED 04.11.2023 RECEIVED BY THE PETITIONER FROM 5TH RESPONDENT Exhibit P8 THE TRUE COPY OF THE LETTER DATED 16.03.2024, DCKKD/8342/2023-G7 RECEIVED BY THE PETITIONER IN RESPONDENT TO HIS REQUEST SUBMITTED UNDER RTI ACT Exhibit P9 THE TRUE COPY OF THE LETTER NO.CMO PTN NO.24/1544/2024/TS DATED NIL RECEIVED FROM THE OFFICE OF SUB DIVISIONAL POLICE OFFICER BY THE PETITIONER Exhibit 10 THE TRUE COPY OF THE DOCUMENT NO.1701/2023 DATED 31.05.2023 Exhibit P11 THE TRUE COPY OF THE SUIT (OS.NO.67/2023) IN HON'BLE SUBORDINATE JUDGE, VARKALA //TRUE COPY// PA TO JUDGE