Actor abduction case: Survivor moves Kerala HC against Dileep's petition to quash further probe
The trial court had earlier granted permission to conduct further investigation in the case based on the Crime Branch's request citing director Balachandra Kumar's revelations against Dileep.
KOCHI: The survivor in the 2017 actor abduction and sexual assault case on Monday approached the Kerala High Court opposing the petition filed by actor Dileep, the eighth accused in the case, seeking to quash the further investigation being carried out by the police.
The trial court granted permission to conduct further investigation in the case based on the request of the Crime Branch citing the revelations made by director Balachandra Kumar against Dileep. The trial court was also directed to complete the probe on or before March 1.
"Being the de-facto complainant, I am an interested party in the instant case filed by the eighth accused seeking to quash the proceedings permitting further investigation," stated the survivor.
The Supreme Court in several cases had held that the accused has no say in the matter of investigation or further investigation and hence has no right to be heard while ordering a further investigation. Hence, the accused has no 'locus standi' to challenge the proceedings of the trial court.
"Therefore it is just and necessary to implead the petitioner as an additional third respondent in the case in the interest of justice. Otherwise, it will cause irreparable loss and hardship to the petitioner," the survivor stated in the petition.
Actor Dileep submitted that further investigation in the case was not permissible as a final report had been filed in November 2017, charges were framed in January 2020 and only one prosecution witness, the investigating officer, remained to be examined.
He also sought to quash the report on the further investigation based on the fresh developments filed by the crime branch before the trial court. Further investigation in the case, which is already nearing the end of the trial, started when director P Balachandrakumar came forward with fresh allegations against Dileep. He sought to declare that the further investigation being carried out is illegal and direct the trial court to proceed with the trial.