Murder conspiracy case: Kerala HC dismisses actor Dileep’s plea to quash FIR, transfer case to CBI

Dileep, in his plea filed through advocate Philip T Varghese, had claimed that there was absence of any material in the murder conspiracy FIR to indicate commission of any of the offences attributed to the accused and the entire case was based on something allegedly "wished" by him.

Dileep, Dileep case, Kerala high court, Kerala news, Indian express

Dileep had argued in the High Court that further investigation in the case was not permissible as a final report had been filed in November 2017 and charges were framed in January 2020. (File)

The Kerala high court on Tuesday dismissed actor Dileep’s petition seeking quashing of the case registered against him and four others related to the alleged conspiracy to eliminate officials, who had probed the 2017 abduction and sexual assault of a woman actor. The court also rejected his prayer to transfer the case to the CBI.

While dismissing the petition, Justice Ziyad Rahman said, “In the light of the judicial precedents and applying the principles laid down therein in the facts of this case, the only conclusion possible is that the petitioner could not make out a case, warranting interference at this stage. Even though the power of this Court under Section 482 CrPC is wide; when it comes to the question of quashing an FIR, the same can be inevoked only in the rarest of rare cases. I don’t find that this is a case that falls in that category. In such circumstances, I do not find any reason to allow the prayer sought for the transfer of investigation in this case.”

In January this year, the state crime branch police registered a case against Dileep and others under Sections 116 (abetting of an offence), 118 (concealing design to commit an offence), 120B (criminal conspiracy) and 506 (criminal intimidation) of the Indian Penal Code. The FIR said the accused had threatened and hatched a criminal conspiracy to eliminate with B Sandhya, the present Director General of Police (Fire & Rescue), A V George, present Inspector General of Police, and others who had probed the 2017 assault case.

However, referring to the case, the court said, “Concerning the registration of crime against the petitioner based on an incident which occurred on 15 November, 2017, possibly there may be some abnormality. On scrutinising the circumstances under which registration of the crime is made, traces of overzealousness on the part of the authorities concerned can be found. However, unless the same is found to be tainted with mala fides, no interference can be made at the said investigation.’’

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