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2025 DIGILAW 1507 (KER)

Abdul Rahman v. State of Kerala

2025-05-28

P.V.KUNHIKRISHNAN

body2025
JUDGMENT : 1. The Writ Petition (Crl.) is filed seeking the following reliefs: “i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to constitute a special investigation team to conduct proper and effective investigation in the complaints preferred by the petitioners, under the Supervision of the 3 rd Respondent herein. ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4 th respondent to ensure that the guidelines stipulated by the Hon'ble Apex Court in Lalita Kumari v. Government of U.P. & Ors (supra) should be scrupulously followed. iii. To dispense with the filing of English translation of documents marked in vernacular language. iv. To grant any such other relief this Hon'ble Court deems fit.”[SIC] 2. The main prayer in this case is to issue a direction to the 2 nd respondent to constitute a special investigation team to conduct a proper and effective investigation in the complaints preferred by the petitioners on the supervision of the 3 rd respondent. 3. The Public Prosecutor submitted that Crime No. 1157/2024 is registered by the Edakkara Police Station based on the complaint of the 2 nd petitioner and the other petitioners are the witnesses in the above crime. According to the petitioners, the victims are different and separate FIR is to be registered. Moreover, it is also submitted that it is a big scam and a special investigation team is to be constituted. 4. After hearing both sides, I am of the considered opinion that the 3 rd respondent should look into the matter. The 3 rd respondent should summon the Case Diary and decide whether any special investigation team is to be appointed in the facts and circumstances of the case. The 3 rd respondent will also decide whether a separate FIR is to be registered for each cases. The decision taken by the 3 rd respondent will be communicated to the petitioners. According to the petitioners, the cause of action and the year of the alleged cheating is also different. These are aspects to be considered by the 3 rd respondent. 5. Therefore, this Writ Petition (Crl.) is disposed of in the following manner: 1. The decision taken by the 3 rd respondent will be communicated to the petitioners. According to the petitioners, the cause of action and the year of the alleged cheating is also different. These are aspects to be considered by the 3 rd respondent. 5. Therefore, this Writ Petition (Crl.) is disposed of in the following manner: 1. The 3 rd respondent is directed to call for the Case Diary in Crime No. 1157/2024 of Edakkara Police Station, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. 2. The 3 rd respondent will look into the Case Diary and decide whether a special investigation team is to be constituted for further investigation of the case. The 3 rd respondent will also decide whether separate FIR is necessary based on the complaints of the petitioners. The decision taken by the 3 rd respondent will be communicated to the petitioners within two months from the date of receipt of a copy of this judgment.