Kerala High Court
Ummaleti Prasad vs State Of Kerala on 24 May, 2023
WP(CRL.) NO. 1170 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
WP(CRL.) NO. 1170 OF 2022
PETITIONER/S:
UMMALETI PRASAD
AGED 51 YEARS
S/O U.L.N.SASTHRI, 6/1/115, FLAT NO.103, BELLO VISTA
APARTMENT, PADMARAO NAGAR, SECUNDERABAD, TELENGANA STATE-
500025, AUTHORISED OFFICER, PGF LIMITED, A COMPANY
INCORPORATED IN INDIA HAVING ITS REGISTERED OFFICE AT 1042-
43, SECTOR 22B, CHANDIGARH, PIN-160002 AND HAVING ITS
CORPORATE OFFICE AT SECOND FLOOR OF VISHALIL BUILDING,
COMMUNITY CENTRE, PASCHIM VIHAR, NEW DELHI-110063, PIN -
500025
BY ADVS.
VARGHESE C.KURIAKOSE
SUSANTH SHAJI
ALBIN A. JOSEPH
AMRITHA.J
RESPONDENT/S:
1 STATE OF KERALA
REP. BY SECRETARY, DEPARTMENT OF HOME AFFAIRS SECRETARIAT,
TRIVANDRUM, PIN - 695001
2 THE STATE POLICE CHIEF
KERALA STATE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN
- 695001
3 THE ADDITIONAL DIRECTOR GENERAL OF POLICE HEAD
CRIME BRANCH, O/O ADGP (CRIMES) THIRUVANANTHAPURAM, PIN -
695001
4 DISTRICT POLICE CHIEF
IDUKKI DISTRICT O/O THE DISTRICT POLICE CHIEF, CIVIL
STATION, KUYILIMALA, PAINAVU IDUKKI DISTRICT, PIN - 685603
5 THE DEPUTY SUPERINTENDENT OF POLICE
O/O DEPUTY SUPERINTENDENT OF POLICE. KATTAPPANA, IDUKKI
DISTRICT, PIN - 685508
6 STATION HOUSE OFFICER
NEDUMKANDAM POLICE STATION, NEDUMKANDAM, STATE HIGHWAY,
MUNNAR-KUMILY HWY, NEDUMKANDAM, PIN - 685553
7 CHANDRABABU
AGED 59 YEARS
WP(CRL.) NO. 1170 OF 2022
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S/O PUSHPANGADHAN, RESIDING AT KEEZHEKUNNATH HOUSE,
PUSHPAKANDAM KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK,
IDUKKI DISTRICT, PIN - 685552
8 RAJEEV
AGED 44 YEARS
S/O DIVAKARAN, RESIDING AT RANDUMACKAL HOUSE, KUNJITHANNI
KARA, BISONVALLEY VILLAGE, DEVIKULAM TALUK, IDUKKI
DISTRICT, PIN - 685565
9 IBRAHIMKUTTY
AGED 55 YEARS
S/O KHADARPILLA, RESIDING AT THAZHATHUVEETTIL HOUSE,
THOTTUPURAM KARA, KEEZHMEDU VILLAGE, ALUVA TALUK, ERNAKULAM
DISTRICT, PIN - 683105
C
C.N.PRABHAKARAN (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 1170 OF 2022
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BECHU KURIAN THOMAS, J.
====================
W.P.(Crl.)No.1170 of 2022
=====================
Dated this the 24th day of May, 2023
JUDGMENT
Petitioner seeks for a direction to entrust the investigation of Crime
No.1173/2022 of Nedumkandam Police Station either with the State Crime
Branch or with the District Crime Branch or to a senior Police Officer not
below the rank of Deputy Superintendent of Police.
2. Petitioner claims to be an authorised officer of a company by
the name PGF Limited based in Chandigarh, having its corporate office at
New Delhi. Petitioner is the defacto complainant in Crime No.1173/2022 of
Nedumkandam Police Station. As per the FIR, three accused named
therein are alleged to have fabricated documents and committed theft of
20,000 Kilograms of cardamom from the estate belonging to PGF Ltd. and
sold the said quantity of cardamom, causing a loss of Rs.2,10,00,000/- to
the company and unlawful gain to the accused and thereby committed the
offences under Sections 467, 471, 411, 379, 380, 120B r/w Section 34 of
the Indian Penal Code, 1860.
3. According to the petitioner, even though the FIR was
registered on 17.11.2022, no serious progress have made in the
investigation conducted till date and further that the accused are
continuing to commit theft of cardamom from the estate. It was also
WP(CRL.) NO. 1170 OF 2022
submitted that the nature of investigation requires at least the Crime
Branch to investigate into the matter, since only a specialised agency
endowed with specialised and wider investigating powers can properly
conduct the investigation into the offences alleged.
4. The Investigating Officer filed a statement along with a memo
of the learned Government Pleader, wherein it is mentioned that the
properties of PGF Ltd. (Pearls Green Forest Ltd.) were frozen by the CBI in
2015 and the documents of the properties were taken into custody. It is
further stated that a Special Committee was constituted for the sale of its
private properties and the details of the persons, who are entitled to
collect income from the estate, are required to be investigated. It is also
mentioned by the Investigating Officer that a letter has been sent to the
CBI as well as Securities and Exchange Board of India (SEBI) to clarify the
details regarding the ownership of 120 Acres of cardamom plantation
belonging to the PGF Company and also as to whether it is under the
control of the Special Committee and the person, who is authorised to
collect the income.
5. On a perusal of the pleadings in the writ petition as well as in
the statement filed by the Investigating Officer, this Court is satisfied that
the nature of investigation required to be carried out in the present case
warrants greater expertise, with more specialised and wider investigative
powers. Since the details from the Special Committee constituted by the
Supreme Court and from the CBI apart from SEBI may be required to be
obtained, I am of the view that at least the District Crime Branch must be
bestowed with the powers of investigation in the present case.
WP(CRL.) NO. 1170 OF 2022
6. Taking note of the complexities involved in the investigation
into Crime No.1173/2022 of Nedumkandam Police Station, I am satisfied
that the District Crime Branch, Idukki must be entrusted with the
investigation into the aforesaid crime.
7. In the result, the investigation into Crime No.1173/2022 of
Nedumkandam Police Station shall stand transferred to the District Crime
Branch, Idukki. The 3rd respondent shall issue appropriate orders formally
handing over the investigation of Crime No.1173/2022 of Nedumkandam
Police Station to the District Crime Branch, Idukki, immedietly, at any rate,
within two weeks from the date of receipt of this order. The District Crime
Branch shall commence investigation and complete the same
expeditiously.
The writ petition is allowed as above.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
WP(CRL.) NO. 1170 OF 2022
APPENDIX OF WP(CRL.) 1170/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOSTAT COPY OF THE FIR DATED 17.11.2022
IN CRIME NO.1173/2022 ON THE FILES OF
NEDUMKANDAM POLICE STATION
Exhibit P2 TRUE PHOTOSTAT COPY OF THE AUTHORISATION LETTER
DATED 13.01.2022
Exhibit P3 TRUE PHOTOSTAT COPY OF THE THE BOARD RESOLUTION
DATED 12.01.2022
Exhibit P4 TRUE PHOTOSTAT COPY OF THE DOCUMENT NO.620/1998
OF SRO, KATTAPPANA DATED 09.03.1998
Exhibit P5 TRUE PHOTOSTAT COPY OF THE ORDER DATED
22.01.2016 IN I.A.NO.8/2014 AND I.A.NO/9/2015
IN CIVIL APPEAL NO.6572/2004
Exhibit P6 TRUE PHOTOSTAT COPY OF THE DOCUMENTS CREATED BY
RESPONDENTS 7 TO 9
Exhibit7 TRUE PHOTOSTAT COPY OF PLAINT IN
O.S.NO.50/2021ON THE FILES SUB COURT,
KATTAPPANA DATED 18.12.2021
Exhibit P8 TRUE PHOTOSTAT COPY OF THE ORDER DATED
18.10.2022 IN I.A.NO.1/2021 IN O.S.NO.50/2021
ON THE FILES OF SUB COURT KATTAPPANA
Exhibit P9 TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED
03.11.2022 SUBMITTED TO THE DISTRICT POLICE
CHIEF, IUDKKI
Exhibit P10 TRUE PHOTOSTAT COPY OF COMPLAINT 08.06.2022
SUBMITTED BEFORE STATE POLICE CHIEF, KERALA
SATE.
Exhibit P11 TRUE PHOTOSTAT COPY OF THE RECEIPT DATED
08.06.2022 ISSUED FROM THE OFFICE OF THE STATE
POLICE CHIEF.
