In a writ appeal filed before the Kerala High Court against a judgment dated 29-09-2025 by a Single Judge, a Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian dismissed the appeal for being devoid of any merit and issued directions for notices to be sent by investigating authority to de facto complainants or their legal heirs while removing the name of any accused from the First Information Report (FIR).
A writ petition was filed by the legal heir of the victim, seeking directions for further investigation in a crime registered for the commission of offences under Sections 143, 147, 148, 341, 326, and 307 read with 149 of the Indian Penal Code, 1860, which was dismissed by the impugned judgment.
The appellant contended that the investigation was conducted improperly and that a final report was filed that exonerated some of the real culprits who had committed the offence. It was pointed out that the names of respondents 5 to 8 were arrayed as accused 3 to 6, but their names were omitted without any justifiable reason. It was also contended that the police failed to investigate the role of the son born out of the first marriage of the victim.
The Court found it necessary to bear in mind that the matter was of 2019 and that the investigation had been completed as the case was at the stage of trial. It was stated that the appellant would be allowed to adduce evidence regarding all persons who had participated in the commission of the offence during the course of the trial. The Court further said that, if satisfied, the trial court is well empowered under law to proceed against persons other than those already arrayed under Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
However, the Court noted that the investigating authorities had not issued any notice to the de facto complainant or the legal heirs to inform them of the removal of an accused named in the First Information Report (FIR). It was said that such inaction would prejudice the de facto complainant, as he would lose the opportunity to take remedial action against the accused’s removal from the FIR.
Thus, the Court directed the State Police Chief to issue necessary instructions to investigating authorities to issue notices to de facto complainants or their legal heirs whenever a person named as an accused in the FIR is removed from the list of the accused during investigation.
The Court found no reason to interfere with the impugned judgment and dismissed the appeal as being devoid of merit.
Appearances:
For Appellant – Mr. Abdul Khader Kunju S., Mr. A. Al Fayad
For Respondents – Mr. K.A. Anas
