Kerala High Court
Sajan Gangadharan vs State Of Kerala on 21 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 21ST DAY OF JANUARY 2023 / 1ST MAGHA, 1944
WP(C) NO. 24945 OF 2013
PETITIONER:
SAJAN GANGADHARAN,
S/O.GANGADHARAN, ASAN NIVAS, THODIYOOR VILLAGE,
KARUNAGAPPALLY TALUK, KOLLAM DISTRICT.
BY ADVS.
SRI.P.VIJAYA BHANU (SR.)
SRI.V.A.JOHNSON VARIKKAPPALLIL
SRI.UNNI SEBASTIAN KAPPEN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
695 001.
2 THE DIRECTOR GENERAL OF POLICE
THIRUVANANTHAPURAM - 695 001.
3 THE INSPECTOR GENERAL OF POLICE (CRIMES)
THIRUVANANTHAPURAM - 695 001.
4 THE SUPERINTENDENT OF POLICE
CBCID, KOLLAM - 691 001.
5 THE CIRCLE INSPECTOR OF POLICE
CBCID, ECONOMIC OFFENCE WING, INJAKKAL,
THIRUVANANTHAPURAM - 695 011.
BY ADV STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C ) No. 24945 OF 2013 2
JUDGMENT
Dated this the 21st day of January, 2023
The Writ Petition is filed seeking the following
reliefs:
"i . Issue a writ of Mandamus or any other
writ, order or direction commanding the 1st
respondent to hand over the investigation of
CBCID crime No. 68/CR/ EOW / KLM / 2011
to the 4th respondent or any other officer
superior to the ranl of 4th respondent;
ii. Issue a writ of Mandamus or any other
writ, order or direction directing the 4 th
respondent to take over the investigation of
CBCID Crime No. 68/CR/EOW/KLM/2011 to
the 5th respondent ;
iii. Issue such other writ, order or direction
which this Honourable court may deem fit
and proper in the light of the facts and
circumstances of the case, so as to secure
the ends of justice."
2. Today when this matter taken up for consideration, the
learned Government Pleader submitted that as per order No.
D5/ 18081/2011, dated 24-02-2011 of the State Police Chief,
the investigation of the case was transferred to CBCID and
the case was renumbered as Cr.68/CR/EOW-1/KLM/2011 vide
Order No. D3/3567/CR/2011, dated 21-03-2011. Subsequently
as per Order No. D1/801/CBQ/2011, dated 23-03-2011, the
case was transferred to the Economic Offence Wing, Sub Unit,
Thiruvananthapuram for investigation.
3. After investigations conducted by the Investigating
Officers in the Economic Offence Wing, Thiruvananthapuram,
finally the Factual Report and Draft Charge were furnished to
the Higher Authorities for getting sanction to file the Final
Report before the Hon'ble Court, to the effect that the case
was 'False'.
4. Thereafter, consequent to the re-organization of Crime
Branch, on 24-10-2018, this case was transferred to the Crime
Branch Central Unit-IV, Thiruvananthapuram.
5. The Superintendent of Police, Crime Branch Central
Unit-IV, Thiruvananthapuram, accorded sanction for a report
that the filing case was 'False' before the Hon'ble Court and
on 06.10.2020 the Final Report of the case was filed before
the Hon'ble Chief Judicial Magistrate Court,
Thiruvananthapuram as the case was 'False'. These
statements are recorded.
In view of the above, no further orders are required to
be passed in this writ petition. This writ petition is
accordingly closed without prejudice to the rights of the
petitioner to proceed in accordance with law, if so advised.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
mtk
APPENDIX OF WP(C) 24945/2013
PETITIONER EXHIBITS
EXHIBITP1 TRUE COPY OF THE COMPLAINT IN C.M.P
NO.5556 OF 2010 OF THE COURT OF CHIEF
JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM.
EXHIBITP2 TRUE COPY OF THE F.I.R IN CRIME
NO.930/2010 OF MUSEUM POLICE STATION.
