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P.K.Muhammed Basheer Vs State Of Kerala

Case No: Writ Petition (Crl) No.1364 Of 2024

Date of Decision: Jan. 16, 2025

Hon'ble Judges: Dr. Kauser Edappagath, J

Bench: Single Bench

Advocate: Rajiv Nambisan, M.P. Prasanth

Final Decision: Disposed Of

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Judgement

Dr. Kauser Edappagath, J

1. Heard Sri. Rajiv Nambisan, the learned counsel for the petitioner and Sri. M.P. Prasanth, the learned Public Prosecutor.

2. The petitioner is the defacto complainant in Crime No.2051/2015 of Perumbavoor Police Station. After investigation, Ext.P4 final report has been

filed. Dissatisfied with the final report, the petitioner filed Ext.P7 application for further investigation before the trial court. It is pending consideration.

3. The learned Prosecutor Sri. Prasanth submits that the investigating officer has also filed an application before the trial court seeking further

investigation. However, as the charge has already been framed, the trial court has not passed any order. Since the defacto complainant as well as the

investigating officer feels that further investigation is necessary, I am of the view that the prayer sought for can be allowed.

The learned Prosecutor submits that since the amount involved exceeds ₹1 crore, the investigation has to be carried out by District Crime Branch.

Hence, the 3rd respondent is directed to hand over the entire case records to the Deputy Superintendent of Police, District Crime Branch (C-Branch),

Aluva, who has been suo motu impleaded as additional 8th respondent. The additional 8th respondent shall conduct further investigation and file final

report in accordance with law.

The writ petition is disposed of as above.