Kerala High Court Pulls Up Police Chief For Inaction Over Direction To Trace Lawyer Accused Of Misappropriating Client's ₹40 Lakh

The Court had given an interim direction to the Station House Officer, Negumangad (5th respondent), to conduct a thorough investigation in the case and the District Police Chief (3^rd respondent) to monitor the same.

Yesterday, after noting that the accused had not yet been apprehended, Dr. Justice Kauser Edappagath had passed an order expressing displeasure regarding the investigation. He had directed the 5^th respondent to appear in person before the Court.

Accordingly, the 5^th respondent SHO and the 3^rd respondent DPC had appeared through videoconferencing.

Seeing that there was no progress so far in the case, the Court orally questioned them:

“This is a case where an advocate and her husband misappropriated the amount of a client, right? I have given a serious direction to the investigating officer to conduct proper investigation and to apprehend the accused, if necessary. And I have also given direction to the District Police Chief to oversee the investigation done by the investigating officer but nothing has been done. I have expressed displeasure in my order yesterday about the ongoing investigation and also the supervision by the District Police Chief. Why did you not apprehend so far?”

Justice Edappagath continued grilling them, pointing out that the accused lawyer had already entered an appearance in the case through her lawyer.

“Advocate is represented by a counsel in this Court but you say that you can't trace him out. I don't say that you should arrest him but if you feel from the facts of the case that his arrest is required, that should be done. What are the steps you have taken so far?”

The District Police Chief replied saying that after the Court's directions, he had given instructions to the investigating officer to arrest the accused persons in the case. However, even though efforts were taken to arrest them, they were not at home when the officers went for arrest.

However, the Court felt that this was not a valid excuse since the accused persons would have absconded and it was the duty of the police to apprehend and trace them, including by tracking their mobile phones.

The Court was then told that though the officers tried to track the phones, these have been switched off for days now. He submitted that all efforts would be taken to find the accused lawyer and her husband.

Turning to the prosecutor, the Court asked why no steps had been taken even after specific directions were given by it. The Court expressed that the public trust in the police and the court would be affected, especially since this was a case where an advocate is arrayed as the accused.

The Court reminded that the accused lawyer had even admitted in her affidavit that she had taken the petitioner's amount and swore to return it. This admission itself was enough evidence to make out the offence, according to the Court.

The Court then told the accused's counsel that this is a serious offence that affects the entire lawyer fraternity. Justice Edappagath orally added, “By next week, if nothing turns out, I'll also report to the Bar Council. You'll be in trouble.”

To the Police Chief, he orally said, “You take earnest steps and monitor the investigation being done by the investigating officer.”

The Court expressed its surprise that the accused could not even be traced out even after a month. It then recorded an interim order:

“The District Police Chief is present through video-conferencing and the 5^th respondent is present. The 5^th respondent submitted that all efforts are being taken to trace out the accused but could not be traced out. I find it difficult to believe the said explanation. The 5^th respondent assured that all effort would be taken to trace out the accused.”

The case is posted next on November 27 (Friday).

The petition is moved by Advocate K.R. Sunil.

Case No: WP (Crl.) No. 1261 of 2025

Case Title: Hashim v. State Police Chief and Ors.

Click to Read/Download Order dated 13.11.2025