Review petition challenging Low Court order in WP(C) 18199/2020. Court clarified that separate FIR registration is not mandatory. Allowable joint investigation if FIRs pertains to same accused/matters, treating one as leading.
Review petition disposed of with clarification on FIR registration and joint investigation procedure.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942
RP.No.992 OF 2020 IN WP(C). 18199/2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 18199/2020(Y) OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENT NO.3:
THE REGIONAL DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, SPECIAL CRIME BRANCH, TC-175/5, “CBI OCR COMPLEX,” MUTTATHARA, VALLAKADAVU, THIRUVANANTHAPURAM - 695 008
BY ADV. SRI. SASTHAMANGALAM S. AJITHKUMAR, SPL.P.P. FOR C.B.I.
RESPONDENTS:
1
P.RAVEENDRAN PILLAI, ADVOCATE, AGED 69 YEARS, S/O PARAMESWARA PILLAI, “SAMANUWAYAM”, T.C.4/1702, BELHAVEN GARDENS, KOWDIAR PO, THIRUVANANTHAPURAM-695 003
2 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001
3 THE DIRECTOR GENERAL OF POLICE, KERALA STATE POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANATHAPURAM, KERALA - 695 010
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 22.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.992 OF 2020 IN WP(C). 18199/2020 2
ORDER
It is a review petition seeking clarification by the CBI whether registration of separate FIRs on every case of complaint is mandatory and what should be the
procedure to be adopted during the course of investigation. This Court made it clear in the final verdict regarding the requirement of registration of separate FIRs and as such, no further clarification is required in that behalf.
permissible for the investigating officer to have a joint investigation on all FIRs, if it is pertaining to the same or identical matters against the very same accused, for which, one among the FIRs can be treated
as the leading one. The evidence collected and the statement recorded under Sections 161, 164 Cr.P.C.
etc. in the leading case can be made available to all final reports.
With the abovesaid observations, review petition is disposed of.
Sd/-
P.SOMARAJAN JUDGE
MSP
2 issues framed by the court
Whether registration of separate FIRs for every complaint is mandatory.
What is the procedure for joint investigation when multiple FIRs arise from identical matters.
1 provisions across 1 enactments
THE REGIONAL DIRECTOR, CENTRAL BUREAU OF INVESTIGATION
P.RAVEENDRAN PILLAI
THE STATE OF KERALA
THE DIRECTOR GENERAL OF POLICE, KERALA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
