Rahimkutty v. State of Kerala and Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Bechu Kurian Thomas
Judgment Date: 2023-07-10
Court Decision / Holding: Final report in Crime No.73/2021 of Nooranadu Police Station set aside; reinvestigation ordered. A Deputy Superintendent of Police of the District Crime Branch is to investigate, under the supervision of the District Police Chief, with directions to issue orders within two weeks of receipt of this judgment. Writ petition allowed.
Final Disposition: Writ petition allowed; final report set aside and reinvestigation ordered.

Parties to the Case

Appellants / Petitioners

Rahimkutty

Respondents

The State of Kerala
The Director General of Police, Kerala
The District Superintendent of Police, Alappuzha
The Sub Inspector of Police, Nooranadu Police Station

Legal Representation & Advocates

Counsels for Petitioners

• A. Shafeek

Counsels for Respondents

• P. Narayanan (Addl. Public Prosecutor)

Case Synopsis & Summary

Rahimkutty, the petitioner, seeks reinvestigation into Crime No.73/2021 of Nooranadu Police Station after the death of his son Muhammed Rafi in a road accident on 24 January 2021. The FIR and accompanying documents (Ext.P1–P7) show a motorcycle involved in the collision with a private bus. The final report filed on 5 April 2022 described the vehicles incorrectly (stating KL-31-P-4665 and KL-01-AR-8464) and concluded the offences under IPC sections 279 and 304A had not been committed, labeling the case as 'undetected'. The petitioner alleges mala fides and manipulation of vehicle numbers to favour the accused, and contends that the absence or timing of insurance renewals reveals investigator bias. The High Court scrutinized the case diary, noting flaws in the investigation and finding the final report unsatisfactory and contrary to investigative canons. Citing Vinay Tyagi v. Irshad Ali alias Deepak and Others, the Court holds that only a higher judiciary body can order fresh/de novo investigations where warranted. It therefore orders reinvestigation by the District Crime Branch, with an officer not below the rank of Deputy Superintendent of Police, to be overseen by the District Police Chief, and sets aside the final report. The writ petition is allowed in terms of this direction.

Provisions of Law Cited

IPC 279IPC 304A

Legal Doctrines & Maxims

Higher judiciary has the power to direct fresh/de novo investigation.
Investigative canons require fair, accurate, and untainted investigation; a final report must align with contemporaneous records.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argued that the investigation was tainted by mala fides, with vehicle numbers being deliberately altered in the final report to favour the accused, and that crucial details such as insurance timing suggested manipulation. He urged that a reinvestigation be conducted by a different agency to restore credibility and ensure fairness, pointing to inconsistencies between the FIR, seizure mahazars, and the final report. He contended that the case warranted fresh inquiry to protect the victim’s family and public faith in investigation.

Contentions of Respondents

The respondents contended that the incorrect vehicle numbers in the final report were likely clerical mistakes and could be corrected; the core investigation should not be disrupted by ordering reinvestigation. They argued that the investigation had been thorough and that invoking reinvestigation would be unwarranted unless clear malafide was established. They relied on admissible explanations in the final report and the continuity of the investigation process.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Vinay Tyagi v. Irshad Ali Alias Deepak and Others	(2013) 5 SCC 762	Positive	The Supreme Court held that only the higher judiciary has the power to direct a fresh/de novo investigation, which the Kerala High Court invoked to justify ordering reinvestigation.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS ``` ``` MONDAY, THE 10[TH] DAY OF JULY 2023 / 19TH ASHADHA, 1945 WP(CRL.) NO. 530 OF 2023 ``` ``` CRIME NO.73/2021 OF NOORANADU POLICE STATION, ALAPPUZHA ``` ## **`PETITIONER:`** ``` RAHIMKUTTY,AGED 62 YEARS S/O. USMAN, NAMPALASSERIL THEKKETHIL, ERUVA MURI, KAYAMKULAM, ALAPPUZHA DISTRICT – 690 106. BY ADV A.SHAFEEK (KAYAMKULAM) ``` ## **`RESPONDENTS:`** |**`1`**|**`THE STATE OF KERALA`**| |---|---| ||**`REPRESENTED BY THE HOME SECRETARY, SECRETARIAT,`**| ||**`THIRUVANANTHAPURAM, PIN – 695 001.`**| |**`2`**|**`THE DIRECTOR GENERAL OF POLICE`**| ||**`KERALA STATE POLICE HEAD QUARTERS,`**| ||**`VAZHUTHACAUD, THIRUVANANTHAPURAM – 695 010.`**| |**`3`**|**`THE DISTRICT SUPERINTENDENT OF POLICE`**| ||**`ALAPPUZHA, PIN – 690 001.`**| |**`4`**|**`THE SUB INSPECTOR OF POLICE`**| ||**`NOORANADU POLICE STATION,`**| ||**`ALAPPUZHA DISTRICT – 690 504.`**| ||**`BY ADV P.NARAYANAN, ADDL.PUBLIC PROSECUTOR`**| ``` THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(CRL.) 530/2023 ``` ``` 2 ``` BECHU KURIAN THOMAS, J ......….................................. W.P.(Crl.) No.530 of 2023 ….................................. Dated this the 10[th] day of July, 2023 ## JUDGMENT Petitioner seeks for a direction to conduct a re-investigation into Crime No.73/2021 of Nooranadu Police Station through a police officer other than the 4[th] respondent. 2. Petitioner’s son Muhammed Rafi died in a motor vehicle accident. On 24.01.2021 at 8.40 a.m, the motor cycle driven by the deceased Rafi bearing registration No.KL-29-P-98, collided with a private bus bearing registration No.KL-65/H5946. The aforesaid vehicle numbers are evident from Ext.P1 FIR apart from other documents produced as Ext.P2 to Ext.P7. The First Information Statement, the scene mahazar, the seizure mahazar and even the report of the AMVI, all refer to the registration number of the private bus as KL-65-H-5946. 3. The investigation into the crime was conducted by the 4[th] ``` WP(CRL.) 530/2023 ``` ``` 3 ``` respondent-the Sub Inspector of Police, Nooranadu Police Station. On 05.04.2022 a final report was filed referring the case as ‘undetected’. The final report stated that the motor cycle KL-31-P-4665, driven by the deceased had lost control while taking a turn and collided with the bus KL-01-AR-8464 at 8.40 a.m. on 24.01.2021. It was also stated that the offences under Sections 279 and 304A of IPC had not been committed and hence the crime should be referred as ‘undetected’. 4. The final report wrongly mentioned the vehicle number of the motorbike as KL-31-P-4665 and the private bus as KL-01-AR-8464. Both those numbers are not mentioned in the FIR or in any other document and are admittedly wrong. 5. Though the learned Public Prosecutor submitted that the incorrect number of the motor bike was only a mistake and the same will be corrected in due course of time, the learned counsel for the petitioner submitted that the registration numbers of the vehicles were purposefully varied to favour the accused. ``` WP(CRL.) 530/2023 ``` ``` 4 ``` 6. During the course of arguments, the learned Public Prosecutor handed over the case diary. On a perusal of the case diary, it is noticed that the District Police Chief, Alappuzha; had pointed out certain flaws in the investigation, and even directed a detailed investigation to be conducted into those aspect. The learned Public Prosecutor submitted that the investigation was completed after conducting detailed enquiry into those four aspects. 7. Adv.A.Shafeek the learned counsel for the petitioner submitted that the number of not only the motorbike involved in the accident but also that of the private bus had been changed by the Investigating Officer purposely. He further pointed out that the case has been referred as ‘undetected’ due to mala fides and that the possible absence of insurance could be the reason for the manipulation. 8. No doubt the final report which has referred the case as ‘undetected’ has caused prejudice to the petitioner, whose son is alleged to have succumbed to the injuries in the motor accident. The seizure mahazar of the bus KL-65-H-5946, ``` WP(CRL.) 530/2023 ``` ``` 5 ``` mentions about the renewal of insurance only at 10.11 a.m. on 24.01.2021, which is almost 2 hours after the accident. This is a crucial aspect, which gives an indication that the investigation was not proper. This Court cannot, but wonder, whether the mistake in the vehicle number was purposeful. The nature of investigation conducted by the 4[th] respondent and the final report filed are not only unsatisfactory, but also questionable. The final report is unfair to the petitioner and even the deceased victim of the accident. The report is against the settled principles of investigative canons. A reading of the final report as well as the FIR, the first information statement, the seizure mahazar and scene mahazar, which are all contemporaneous documents, specifically refer to the vehicle number involved in the accident. It shocks the conscience of this Court as to how both vehicle numbers were changed while filing the final report. Even if it is assumed that the number of the motorbike as seen in the final report was a mistake, still the change in the number of the private bus cannot be ``` WP(CRL.) 530/2023 ``` ``` 6 ``` comprehended. The final report filed in Crime No.73/2021 of Nooranadu Police Station shocks the conscience of the court. The said report cannot be given any legal validity. 9. Considering the entire circumstances, I am of the view that the final report in Crime No.73/2021 of Nooranadu Police Station ought to be discarded and the crime has to be reinvestigated, since the veracity of the investigation is doubtful. In view of the allegation of the petitioner that a powerful lobby is behind the faulty investigation, it is essential to allay the fears of the petitioner by directing another agency to investigate the crime. 10. In the decision in Vinay Tyagi v. Irshad Ali Alias Deepak and Others [(2013) 5 SCC 762], the Supreme Court had held that only the higher judiciary has the power to direct a fresh/de novo investigation. Since this Court is satisfied that the final report in Crime No.73/2021 of Nooranadu Police Station is liable to be discarded, a reinvestigation has to be conducted. In the circumstances of the case, it is only appropriate that the District Crime ``` WP(CRL.) 530/2023 ``` ``` 7 ``` Branch, Alappuzha be entrusted with the investigation. 11. Accordingly, the final report in Crime No.73/2021 of Nooranadu Police Station is hereby set aside. The 3[rd] respondent/District Superintendent of Police, Alappuzha shall issue orders directing a re-investigation to be conducted into crime No.73/2021 of Nooranadu Police Station and appoint an officer not below the rank of Deputy Superintendent of Police of the District Crime Branch, to investigate the matter. Orders as directed thereon shall be issued within two weeks from the date of receipt of a copy of this judgment. The writ petition is allowed as above. sd/BECHU KURIAN THOMAS JUDGE AMV/10/07/2023 ``` WP(CRL.) 530/2023 ``` ``` 8 ``` ## **`APPENDIX OF WP(CRL.) 530/2023`** ``` PETITIONER EXHIBITS EXHIBIT P1A TRUE COPY OF THE FIR IN CRIME NO. 73/2021 OF NOORANADU POLICE STATION EXHIBIT P2A TRUE COPY OF THE STATEMENT GIVEN BY THE INFORMANT DATED 24/1/2021 EXHIBIT P3A TRUE COPY OF THE SCENE MAHAZAR DATED 25/1/2021 PREPARED BY THE 4TH RESPONDENT ``` ``` EXHIBIT P4A TRUE COPY OF THE REPORT DATED 6/2/2021 WITH RESPECT TO INSPECTION OF BULLET ``` ``` EXHIBIT P5A TRUE COPY OF THE REPORT DATED 6/2/2021 WITH RESPECT TO THE INSPECTION OF THE PRIVATE BUS EXHIBIT P6A TRUE COPY OF THE SEIZURE MAHAZAR DATED 21/1/2022 PREPARED BY THE 4TH RESPONDENT WITH RESPECT TO THE BULLET BEARING REGISTRATION NO. KL-29-P-98 EXHIBIT P7A TRUE COPY OF THE SEIZURE MAHAZAR WITH RESPECT TO THE PRIVATE BUS BEARING REG. NO. KL-65-H-5946 EXHIBIT P8A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 73/2021 ALONG WITH THE STATEMENTS OF THE WITNESSES ``` TRUE COPY