Jaison vs The State Police Chief

Citation : 2022 Latest Caselaw 6072 Ker
Judgement Date : 1 June, 2022

Kerala High Court
Jaison vs The State Police Chief on 1 June, 2022
              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                      WP(CRL.) NO. 305 OF 2022
PETITIONER/S:

             JAISON
             AGED 40 YEARS
             S/O. JOHNY,AGED 40 YEARS,PUNCHALAYIL
             HOUSE,MEMUGHAM,MANEED,ERNAKULAM DISTRICT., PIN -
             686664
             BY ADVS.
             GEORGE SEBASTIAN
             GEEVAN T.CHARLES


RESPONDENT/S:

      1      THE STATE POLICE CHIEF
             1. THE STATE POLICE CHIEF ,
             KERALA POLICE HEAD QUARTERS,
             VAZHUTHACAUD, THIRUVANANTHAPURAM,, PIN - 695010
      2      THE DISTRICT POLICE CHIEF (RURAL),
             OFFICE OF DISTRICT POLICE
             POWER HOUSE , ALUVA, PIN - 683101
      3      THE STATION HOUSE OFFICER
             PUTHENCRUZ POLICE STATION
             ERNAKULAM DISTRICT, PIN - 682308
OTHER PRESENT:

             ADV. C. S. HRITHWIK -SR. PP


      THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON   01.06.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(Crl.)No. 305 of 2022         -2-




                          JUDGMENT

Dated this the 1st day of June, 2022 The petitioner who is the de facto complainant in Crime No. 153 of 2022 of Puthencruz Police Station has approached this Court praying for a direction to entrust the investigation of the said crime to any competent officer of the Crime Branch and to conduct a proper investigation. The aforesaid crime was registered on the basis of a private complaint submitted by the petitioner alleging offences punishable under Sections 420, 406, 506, 120B read with 34 of the Indian Penal Code.

3. The allegation against the accused is that they have collected an amount of Rs. 36,00,000/- from the petitioner offering share of profits in the business of buying gold ornaments which are sold in auction by Koshamattom Bank and other private Banks.

4. When the writ petition came up for consideration, learned counsel for the petitioner confined his relief to a direction to the 2 nd respondent to consider and pass orders on Ext.3 representation submitted by him, which is originally addressed to the 1 st respondent W.P.(Crl.)No. 305 of 2022 -3- and a copy of which is already furnished to the 2nd respondent.

5. Considering the facts and circumstances of the case, this writ petition is disposed of directing the 2nd respondent to dispose of Ext.3 representation and take a decision thereon as expeditiously as possible and communicate the same to the petitioner herein.

The aforesaid exercise shall be done within a period of two months from the date of production of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A. A.

JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE W.P.(Crl.)No. 305 of 2022 -4- APPENDIX OF WP(CRL.) 305/2022 PETITIONER EXHIBITS Exhibit1 A TRUE COPY OF THE FIR IN CRIME 153/2022 OF PUTHENCRUZ POLICE STATION.

Exhibit2 A TRUE COPY OF THE CRL.M.P. NO.160/2022 DATED 14.2.2022 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERY Exhibit3 A TRUE COPY OF THE REPRESENTATION DATED 2.3.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit4 A TRUE COPY OF THE POSTAL RECEIPT DATED 2.3.2022.

Exhibit5 A TRUE COPY OF THE POSTAL RECEIPT DATED 2.3.2022 SHOWING THE SAME