W.P.(Crl.).No.63/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(CRL.) NO. 63 OF 2022
PETITIONER:
K.P CHANDRAN,
AGED 46 YEARS,
S/O.KELAPPAN, KOLLAN KUNNU PARAMBIL, CHERUTHAZHAM
VILLAGE,MANDOOR P.O., KANNUR DISTRICT, PIN-670 501.
BY ADV P.M.UNNI NAMBOODIRI
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF,
KANNUR, KANNUR DISTRICT, PIN-670 002.
2 THE DEPUTY SUPERINTENDENT OF POLICE,
KANNUR, KANNUR DISTRICT, PIN-670 002.
3 THE CIRCLE INSPECTOR OF POLICE,
C I OFFICE, PAYYANNR, KANNUR DISTRICT-670 307.
4 RAJESH PANNACHIRAMMEL,
AGED 40 YEARS,
KANAYI, THOTTOMKADAVU, KOROM VILLAGE,
KANNUR DISTRICT-670 307.
5 THE CHERUTHAZHAM SERVICE CO-OPERATIVE BANK LTD.,
PILATHARA P.O., KANNUR DISTRICT-670 502.
SRI.C.S.HRITHIK,SR.PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).No.63/22 2
JUDGMENT
The petitioner has approached this Court seeking the following reliefs:
"To issue a writ of Mandamus or any appropriate writ or direction, directing the respondents 1 to 3 to take action against the 4th respondent for cheating the petitioner and to protect the peaceful life of the petitioner and project law and order in public life."
2. The grievance of the petitioner is that, the respondents 1 and 3 are not taking any action upon the complaint submitted by him against the 4th respondent. The grievance of the petitioner is as follows:
The petitioner is doing Jewellery work at Pazayangady in the name Aradhana Jewellery Works. The 4 th respondent approached the petitioner seeking help for him to withdraw the jewellery from the 5th respondent Bank by paying the amount due to the bank. Accordingly, on the basis of the understanding reached between the petitioner and the 4th respondent, he purchased the aforesaid gold ornaments which was having a gross weight of 57.27 grams. After deducting the weight of stones of the ornaments, total quantity of the gold was 51.5 grams. Accordingly, the dues payable W.P.(Crl.).No.63/22 3 by the 4th respondent to the bank was cleared by the petitioner and the gold ornaments were collected by him. However, when the aforesaid gold was melted by the petitioner, it was noticed that the ornaments were made by filling wax inside the gold ornaments for cheating the customers and thereby actual gold contained therein was not 51.5 grams as claimed by the 4 th respondent and also as recorded by the bank. It is the case of the petitioner that, the aforesaid act was a willful act on the part of the 4 th respondent to cheat the petitioner. The complaint was submitted in such circumstances.
3. In response to the averments contained in the writ petition, a statement was filed by the 3 rd respondent, wherein it is mentioned that upon receipt of the complaint, all the parties were called to the Police Station and a preliminary enquiry was conducted. According to the 3 rd respondent, the dispute is civil in nature and therefore, no further action has been taken.
4. I have heard Sri.P.M.Unni Namboodiri, learned counsel for the petitioner and Smt.Seena C., learned Public Prosecutor for the State. Since the dispute is relating to the question whether a crime has to be registered or not, I do not deem it necessary to issue notice to the other respondents.
W.P.(Crl.).No.63/22 4
After perusing the records, I have very serious doubt as to whether the stand taken by the 3 rd respondent to the effect that the dispute is civil in nature is correct or not. The grievance highlighted by the petitioner is relating to manipulation committed on the gold ornaments, so as to indicate the quantity of the gold higher than the actual content of gold. The 3 rd respondent arrived at the conclusion that the dispute is civil in nature only because of the fact that the petitioner came to know about the above discrepancy after melting it. The manipulations as highlighted in the complaint would come to know only upon melting the gold. Therefore, I am of the view that merely because of that reason, the same cannot be treated as civil nature. Therefore, this matter has to be investigated by the police. In such circumstances, this writ petition is disposed of directing the 2 nd respondent to ensure that appropriate action is taken on Ext.P3 and to conduct necessary investigation.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/8.7.22 W.P.(Crl.).No.63/22 5 APPENDIX OF WP(CRL.) 63/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 29.04.2021 Exhibit P2 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE 1ST RESPONDENT DATED 27.10.2021 Exhibit P3 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE 2ND RESPONDENT DATED 27.10.2021 Exhibit P4 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE 3RD RESPONDENT DATED 27.10.2021