Allegations Against Investigating Officer Himself; Further Investigation by Independent Agency Necessary – Kerala High Court in Edathala Property Case
The Kerala High Court, under the stewardship of Justice Bechu Kurian Thomas, has passed a significant judgment in the Edathala property case, emphasizing the need for an independent investigation due to allegations against the initial Investigating Officer and the incomplete nature of the initial probe.
Legal Point of the Judgment
The judgment revolved around the adequacy and impartiality of the police investigation in allegations of property trespass and forgery, highlighting the importance of an unbiased and thorough investigation in the criminal justice system.
Facts and Issues in the Judgement
Subair, the petitioner, who represented himself, and his wife, alleged that their property was illegally included in the Panchayat’s asset register by a real estate group in collusion with Panchayat authorities. They argued that FIRs No. 754/2023 and No. 839/2023 filed regarding these allegations were inadequately investigated by the Edathala Police Station.
Court Assessment and Detailed Analysis
Concerns Over Investigation: The court expressed concerns about the way the initial investigation was conducted, especially the lack of forensic analysis of the alleged forged documents.
Allegations Against the Officer: Notably, the judgment pointed out allegations against the Investigating Officer, suggesting potential bias and a compromised investigation.
Independent Investigation Required: Justice Thomas underlined the need for an independent investigation, considering the deficiencies in the initial probe and the seriousness of the allegations.
Decision of the Judgement
The High Court of Kerala ordered the setting aside of the final report in Crime No. 754/2023. It directed the District Crime Branch to undertake a fair and proper investigation into FIR No. 754/2023 and FIR No. 839/2023, highlighting the necessity of an unbiased and thorough investigation in this matter.
Date of Decision: April 4, 2024
SUBAIR VS STATE OF KERALA
