IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(CRL.) NO. 587 OF 2022
PETITIONER/S:
M/S. MINI MUTHOOTU NIDHI KERALA LIMITED,
CORPORATE OFFICE, MUTHOOTTU BUILDINGS, MARKET
ROAD, KOZHENCHERRY P.O -689 641, PATHANAMTHITTA
DIST. KERALA REPRESENTED BY ITS CHAIRMAN MR.ROY
M. MATHEW.
BY ADVS.
JOMY GEORGE
R.PADMARAJ
M.J.BENNY
DEEPAK MOHAN
CHITRA N. DAS
RISHAB S.
T.K.SHAIJ RAJ
ASHA V.S.NAIR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY HOME SECRETARY, SECRETARIAT,
TRIVANDRUM 695 001.
2 ADDITIONAL DIRECTOR
GENERAL OF POLICE (CRIMES), VELLAYAMBALAM,
TRIVANDRUM - 695010
3 SUPERINTENDENT OF POLICE,
DISTRICT POLICE OFFICE,
NEAR COLLECTORATE, KOTTAYAM 686 002.
4 DEPUTY SUPERINTENDENT OF POLICE,
PALA, KOTTAYAM DISTRICT 686 575.
5 STATION HOUSE OFFICER,
PALA POLICE STATION, KOTTAYAM DISTRICT 686 575.
W.P(Crl) 587 of 2022
2
6 SUB INSPECTOR OF POLICE,
PALA POLICE STATION, KOTTAYAM DISTRICT 686 575.
ADV. M P PRASHANTH -SR PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(Crl) 587 of 2022
3
JUDGMENT
The petitioner has approached this Court with the following reliefs:
"a) issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to hand over the investigation in Crime No.1883/2020 of the Pala Police Station to the economic offence wing of the State Crime Branch.
b) Issue a writ of Mandamus or any other direction, directing the respondents to investigate Crime No. 1883/2020 of the Pala Police Station in a scientific manner and with a commitment so as to ensure that all evidence are collected against the accused and bring them before the Jurisdictional Court and ensure conviction for the offence committed.
c) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to consider Exhibit P-4 representation and to take immediate steps to hand over the investigation in Crime No 1883/2020 of the Pala Police Station to the economic offence wing of the State Crime Branch.
d) pass any such order which deem fit to grant in this case."
2. The grievance of the petitioner, which is a company, is that, during the course of audit, they have found certain misappropriation of amounts by some of the employees with the connivance of some customers. In such circumstances, highlighting the aforesaid aspects, Ext.P1 complaint was submitted before the W.P(Crl) 587 of 2022 4 6th respondent-Sub Inspector of Police and Crime 1883/2020 was registered against the said employees for the offences punishable under Sections 408, 420, 468, 471 r/w Section 34 of IPC. Ext.P2 is the said FIR. The complaint of the petitioner is that, no proper investigation is being conducted in the said crime by the 6 th respondent. In such circumstances, he submitted Ext.P4 representation before respondents 1 to 4.
Considering the facts and circumstances of the case, I am of the view that, the grievances highlighted by the petitioner has to be considered by the 3rd respondent- Superintendent of Police. In such circumstances, this writ petition is disposed of directing the 3rd respondent to take up Ext.P4 and pass appropriate orders thereon, within a period of two months from the date of production of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE rpk W.P(Crl) 587 of 2022 5 APPENDIX OF WP(CRL.) 587/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 13.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF FIR NO. 1883/2020 OF PALA POLICE STATION DATED 14.12.2020 Exhibit P3 TRUE COPY OF REMAND REPORT IN CRIME NO.
1883/2020 DATED 18.01.2021 Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 17.06.2022 SUBMITTED BY THE PETITIONER.