Sobharaja vs State Police Chief
2022 Latest Caselaw 1562 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
     TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                       WP(C) NO. 15468 OF 2021
          CRIME NO. 1191/2017 OF MUSEUM POLICE STATION
PETITIONER:

          SOBHARAJA
          AGED 49 YEARS
          W/O. RICHARD THADDEUS RAJA,
          FROM 'SOBHAS',
          T.C 30/1114,
          AMBALATHUMUKKU,
          PETTAH,
          THIRUVANANTHAPURAM,
          NOW RESING AT IF CONDOR CYBER GARDENS,
          CASSIA FLATS,
          AKKULAM,
          KULATHOOR P.O,
          THIRUVANATHAPURAM 695 583

          BY ADVS.G.SUDHEER
                  R.HARIKRISHNAN (H-308)


RESPONDENTS:

    1     STATE POLICE CHIEF
          POLICE HEAD QUARTERS,
          VAZHUTHACAUD,
          THIRUVANANTHAPURAM 695 583

    2     COMMISSIONER OF POLICE
          THIRUVANANTHAPURAM CITY,
          THIRUVANANTHAPURAM 695 001

    3     INSPECTOR OF POLICE
          MUSEUM OF POLICE STATION,
          THIRUVANANTHAPURAM 695 011


          BY SRI. NOUSHAD K.A., SENIOR PUBLIC PROSECUTOR



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.15468 OF 2021         2


                             JUDGMENT

Petitioner is the defacto complainant in Crime No.

1191/2017 of Museum police station which was registered on

the basis of a complaint preferred by her before the Chief

Judicial Magistrate, Thiruvananthapuram. She is the wife of an

officer in the Indian Foreign Service. Her marriage was

solemnised in the year 1990; out of the 100 sovereigns of gold

given to her at the time of marriage, she had up-kept 86

sovereigns in locker No. 37 of SBT, Sasthamangalam branch.

She had been abroad with her spouse from 2002 onwards. On

10.05.2011, when she opened the locker, to her utter surprise

86 sovereigns of gold was found missing. When she made

complaints to the bank authorities, two persons claiming

themselves as Managers of SBT approached her and offered to

make good her loss, but she insisted penal action. Even though

the police was approached, no action was taken. Thereafter, she

preferred a complaint before the Chief Judicial Magistrate and

based on the complaint the crime was registered. After

investigation, police laid a final report as undetected, against

which she preferred a protest complaint. Now the investigation

is under way. The grievance of the petitioner is that, even

though two years have lapsed, investigation is moving at a

slow pace and the culprit has not yet been apprehended.

Therefore, she has moved this Court under Article 226 of the

Constitution seeking to direct the first respondent to order

further investigation on Ext.P1 by a higher official of the Crime

Branch of Kerala Police.

2. I heard the learned counsel for the petitioner and

also the learned Senior Public Prosecutor.

3. The learned counsel for the petitioner submits that

the case was investigated by an officer in the rank of a Sub

Inspector, even after further investigation was ordered by the

Chief Judicial Magistrate, the very same officer is investigating

the case. The present investigating officer is not showing any

enthusiasm in bringing to book the actual culprit; having regard

to the fact that the valuables kept in the locker were stolen, it is

very easy to trace the culprit based on records available in the

bank itself.

4. The allegations in the complaint of the petitioner are

very serious. I have no doubt that the police has not given

serious attention to bring to book the actual culprit in the case.

In the circumstance, investigation shall be entrusted with the

District Crime Branch, Thiruvananthapuram. The Investigating

Officer shall handover the entire records to District Crime

Branch forthwith and investigation shall be conducted by an

officer in the rank of Dy.S.P.

The writ petition is disposed of as above.

SD/-

K.HARIPAL

JUDGE

DCS/15.02.2022

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FIR AND COMPLAINT IN CRIME NO. 1191/2017 OF MUSEUM POLICE STATION DATED 29-07-2017

EXHIBIT P2 TRUE COPY OF UN REPORT IN CRIME NO.

1191/2017 SUBMITTED BY THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM DATED 16-2-2019

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM

EXHIBIT P4 TRUE COPY OF THE ORDER IN CMP NO. 1564/2019 IN R.C NO. 64/2018 DATED 22-07-2019 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM

EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28-3-2021