Manual Vincent Kattassery vs State Police Chief
2023 Latest Caselaw 3622 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                      WP(CRL.) NO. 159 OF 2023
PETITIONER :

             MANUAL VINCENT KATTASSERY
             AGED 64 YEARS, S/O.MANUAL,
             KATTASSERY HOUSE, KARTHEDOM,
             MALIPPURAM P.O. KOCHI, PIN - 682511
             BY ADV DENIZEN KOMATH


RESPONDENTS :


    1        STATE POLICE CHIEF
             STATE POLICE HEAD QUARTERS,
             THIRUVANANTHAPURAM,
             VAZHUTHAKAD, PIN - 695 010.
    2        DISTRICT POLICE CHIEF
             ALUVA RURAL, POWER HOUSE,
             ALUVA.P.O, KOCHI, PIN - 683 101.
    3        STATION HOUSE OFFICER
             NJARAKKAL POLICE STATION,
             NJARAKKAL POST, KOCHI, PIN - 682 505.
             PP SEETHA S.



THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.03.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(CRL.)   159/2023


                                              2




                           BECHU KURIAN THOMAS, J
                          ...........................................
                             W.P.(Crl.) No.159 of 2023
                             .....................................
                      Dated this the 29th day of March, 2023

                                         JUDGMENT

Petitioner seeks for a direction to entrust the investigation into

Crime No.1223/2021 with the Crime Branch.

2. Petitioner is the defacto complainant in the aforesaid crime.

The offences alleged against the petitioner are under Sections

420, 468, 471, and 389 r/w Section 34 of the Indian Penal

Code, 1860 apart from Sections 13 and 17 of the Kerala Money

Lenders Act, 1958, and also Section 9(1)(a) of the Kerala

Prohibition of Charging Exorbitant Interest Act, 2012.

3. Petitioner alleges that no proper investigation is being

conducted into the said crime, and hence the investigation is

required to be handed over to the crime branch.

4. Smt.Seetha S., the learned Public Prosecutor, upon instructions,

submitted that during the investigation it was revealed that

there was a financial transaction between the parties and that WP(CRL.) 159/2023

the case is of a civil nature, based upon an agreement. Even

an attempt at mediation was also tried. Since petitioner failed

to appear, the same did not fructify. It was only thereafter that

the complaint was preferred. After detailed investigation, the

final report was filed referring the case as one of civil nature.

5. Considering the fact that Crime No.1223/2021 of Njarakkal

Police Station was referred as one of civil nature, the remedy

of the petitioner is to move the appropriate court of first

instance.

Accordingly, this writ petition is dismissed reserving the

aforesaid liberty.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/30/03/2023 WP(CRL.) 159/2023

APPENDIX OF WP(CRL.) 159/2023

PETITIONER EXHIBITS EXHIBIT P1 COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA , 1ST RESPONDENT AND DGP OF KERALA POLICE DATED 23/07/2020 EXHIBIT P2 REMINDER SEND BY PETITIONER DATED 4/08/2020 EXHIBIT P3 COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AND DGP DATED 16/03/2021 AND 17/03/2021 EXHIBIT P4 COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 21/09/2021 EXHIBIT P5 COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22/09/2021 EXHIBIT P6 CRIME WAS GOT REGISTERED AS CR. NO.

1223/2021 OF NARAKKAL POLICE STATION DATED 16/10/2021 EXHIBIT P7 REPORT SUBMITTED BY SUB INSPECTOR OF POLICE NARAKKAL POLICE STATION BEFORE JFCM NARAKKAL DATED 02/08/2022 EXHIBIT P8 REPORT SUBMITTED BY 3RD RESPONDENT BEFORE JFCM NARAKKAL DATED 18/11/2022

TRUE COPY