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Judgment
The Petitioner, who is the de facto complainant in Ext P1 crime, has approached this Court with this writ petition, filed under Article 226 of the Constitution of India, aggrieved by the ineffective investigation being conducted by the Kollam West Police in the aforesaid crime. The allegation in the aforesaid case pertains to the creation of three forged documents for whisking away the property of the brother of the de facto complainant.
The Sub Inspector of Police, Kollam West Police Station, has filed a statement dated 24.09.2026, as per the directions of this Court. In the aforesaid statement, it is stated that the Assistant Commissioner of Police, Kollam, has verified the case file and given the recommendation to the District Police Chief, Kollam City, to transfer the case to the District Crime Branch. However, so far, no decision seems to have been taken by the second respondent in the above regard.
Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.
The shoddy and ineffective investigation being conducted by the Kollam West Police Station in Ext P1 crime is said to be the reason why the petitioner has filed this writ petition. The first two reliefs sought for by the petitioner in this writ petition relate to directions to the respondents 1 & 2 to consider the representations filed by the de facto complainant about his concerns relating to the investigation being conducted in this case. The third relief is for a direction to handover the investigation in Ext P1 crime to the District Crime Branch and to ensure proper and expeditious investigation. The learned counsel for the petitioner submitted that the delay in taking decision in the above regard will be at the cost of the successful completion of the investigation by garnering the necessary evidence. Anyhow, it appears from the statement filed by the Sub Inspector of Police, Kollam West Police Station, that even the Assistant Commissioner of Police has recommended that this is a fit case where investigation has to be conducted by the District Crime Branch. That being the situation, the second respondent has to pass an order in the above regard immediately to avoid further road blocks in the investigation.
In the result, the writ petition stands allowed as follows:
The second respondent is hereby directed to pass the necessary orders as expeditiously as possible, at any rate, within a period of two weeks from today, transferring the investigation in Ext P1 crime to the District Crime Branch, Kollam. The officers entrusted with the investigation shall conduct effective and expeditious investigation and take all necessary steps to garner evidence for a successful prosecution.