Complainant/ Legal Heirs Must Be Informed When Probe Against Accused Named In FIR Is Dropped: Kerala High Court

The division bench comprising Dr. Justice A K Jayasankaran Nambiar and Justice Jobin Sebastian, issued the directions while dismissing an appeal against the judgment of a single judge.

The appellant who is the daughter of the injured in a crime registered in Tirur Police Station, approached the Court contending that the investigation of the crime was conducted in perfunctory and improper manner, resulting in the exoneration of some culprits who has actively participated in the commission of the offence. The appellant also pointed out that even though some of the respondents were named as accused in the First Information Report, their names were omitted in the Final report without justifiable reasons.

The Court noted that the present case was at the stage of trial and appellant, being a witness, will have an opportunity to adduce evidence regarding all persons, who participated in the commission of offence. The Court further noted that the trial Court is empowered to proceed against such persons under Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), if such evidence is brought on record that proves their part in the commission of the offence.

The Court took note that the investigating authorities failed to issue notice to the de facto complainant or his legal heirs, intimating them of the removal of the accused, who was named in the FIR, from the list of the accused in the final report.

“Although not applicable in the instant case, we are of the view that such inaction on the part of the investigating authorities would cause prejudice to the defacto complainant since he would lose an opportunity to take remedial action against the removal of an accused who was named in the FIR.” the bench observed

The bench thus directed the State Police Chief to issue instructions to the investigating authorities to issue notices to de facto complainants or their legal heirs whenever a person who was named as an accused in FIR is removed from the list during the course of investigation.

The Court thus dismissed the writ appeal noting it was devoid of merits.

Case Title: Shareena v State of Kerala and Ors.

Case No: WA 2557/ 2025

Citation: 2025 LiveLaw (Ker) 720

Counsel for Appellants: Abdul Khader Kunju S, A Al Fayad

Counsel for Respondents: K A Anas