Kerala High Court Warns Of Strict Action If Police Officers Fail To Provide Instructions In Criminal Trials

The Kerala High Court has directed the State Police Chief to ensure there is no impediment faced by Public Prosecutors in getting instructions from police Stations. 

Justice P.V. Kunhikrishnan was of the considered opinion that such a scenario creates a 'serious problem of piling up of cases'. 

"It seems that in almost all cases, even though this Court direct to get instructions, the Public Prosecutor is not getting instructions from the Police Station concerned. It create serious problem of piling up cases and this Court is not able to manage the cases listed everyday," the Court observed. 

The Court made the above observation while considering a case in which no report had been forthcoming from the Station House Officer, Sreekaryam Police Station, despite sufficient time having been granted by the Court. 

Taking note of the problem, Justice Kunhikrishnan directed the State Police Chief to issue necessary directions to all the Police Stations in the State to submit reports called from the office of the Public Prosecutor immediately. 

"If there is violation, this Court will be forced to take stringent actions," the Court added. 

As regards the present case, the Court directed the SHO of Sreekaryam Police Station to appear in person before it on October 26, 2023, if no report was seen to be submitted before the said date. 

The matter has thus been posted for further consideration on October 26, 2023. 

Case Title: Rajesh R. & Ors. v. State of Kerala & Ors. 

Case Number: CRL.MC NO. 7623 OF 2023

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