Moosakunju vs State Of Kerala
2023 Latest Caselaw 11690 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                  WP(CRL.) NO. 681 OF 2022
PETITIONERS:
    1     MOOSAKUNJU
          AGED 64 YEARS, S/O.MOHAMMED MUSALLIAR,
          RESIDING AT PAROTH HOUSE, PURAYARKARA,
          CHENGAMANADU VILLAGE, ALUVA, PINCODE - 683 578.
    2     KENNEDY
          AGED 57 YEARS
          S/O.DEVASSY, KAITHARATHU HOUSE, CHENDAMANGALAM,
          PARAVOOR, PINCODE - 683 512.
    3     VIJAYALAKSHMI
          AGED 53 YEARS
          W/O.RAJENDRABABU, SYAM NIVAS, VIJAYA ROAD, MARADU
          P.O., ERNAKULAM, PINCODE - 682 304.
    4     ALI
          AGED 70 YEARS
          S/O.KUNJLI, RESIDING AT MUCHETH HOUSE, KAPRASSERY,
          NEDUMBASSERRY P.O., PINCODE - 683 585.
          BY ADV SANDHYA RAJU

RESPONDENTS:
    1     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY,
          HOME DEPARTMENT, GROUND FLOOR, MAIN BLOCK,
          SECRETARIAT, THIRUVANANTHAPURAM,
          PINCODE - 695 001.
    2     INSPECTOR GENERAL OF POLICE
          ERNAKULAM RANGE, MARINE DRIVE,
          KOCHI, PINCODE - 682 035
    3     SUPERINTENDENT OF POLICE
          ALUVA POLICE STATION, ALUVA, PINCODE - 683 101.
    4     STATION HOUSE OFFICER
          CHENGAMANADU P.O., ALUVA, PINCODE - 683 578.
          BY ADV ADVOCATE GENERAL OFFICE KERALA
          SMT SREEJA V, PP


    THIS WRIT PETITION (CRIMINAL) HAVING COME UP
FOR ADMISSION ON 16.11.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 wp(Crl.)No.681/2023

                                         2



                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(Crl.) No.681 of 2022
              ----------------------------------------------
           Dated this the 16th day of November, 2023


                               JUDGMENT

This writ petition is filed with following prayers:

a) This Hon'ble court may through a writ of mandamus direct the 3rd respondent to file the Final report in Crime 1322/ 2014, Crime No.0515/2015.

b) To award cost of this proceedings to the Petitioner.

c) Any other relief as this court may think fit.

2. The main prayer in this writ petition is to issue

direction to the 3rd respondent to file the final report in Crime

No.1322/2014 and Crime No.515/2015. This Court directed

the Public Prosecutor to get instructions. A statement is filed

by the Deputy Superintendent of Police, C-Branch, Ernakulam

on behalf of the respondents. It will be better to extract the

relevant portion of the above statement:

"1. The gist of the case is that the petitioners were cheated by the firm "Desam Curies and wp(Crl.)No.681/2023

investment" and the case has been registered as Cr.1322/2014 at Chengamanadu Police station. About one hundred and fourty people have been cheated in that fraud. Subsequently investigation of the case is entrusted to C-branch unit Ernakulam Rural Aluva as per the Order No.D1(a) 7104/2015 ER dated 28.05.2015 of District Police Chief Ernakulam Rural, Aluva.

2. After completing investigation, on 01.11.2018 first charge sheet of the above case was prepared and submitted before the trial court (Judicial First Class Magistrate Court Aluva-1), was not listed as calendar case till date.

3. The investigating officer submitted request for the certified copies of the documents which were submitted with in the first charge sheet of Cr.1322/2014 on 10.08.2019. But the certified copies were not issued from the trial court yet and supplemental charge sheets could not be submitted.

4. It is humbly submitted that on receipt of the certified copies of the documents filed with the first charge sheet before the trial court, the supplemental charge sheets shall be filed without delay."

wp(Crl.)No.681/2023

3. From the above it is clear that the first charge is

already submitted and the officer concerned already applied

for certified copy from the trial court for submitting the

supplementary charge sheet in the remaining 50 cases. If that

be the case, recording the above statement and directing the

Investigating Officer to do the needful immediately, this writ

petition can be closed.

Therefore, this writ petition (criminal) is disposed of

directing the Deputy Superintendent of Police, (C) Branch,

Ernakulam Rural, to expedite the steps to submit the final

report in all cases as expeditiously as possible.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE wp(Crl.)No.681/2023

APPENDIX OF WP(CRL.) 681/2022

PETITIONER EXHIBITS Exhibit P1 A COPY OF BUSINESS PARTNERSHIP AGREEMENT.

Exhibit P2 A LIST DETAILING THE AMOUNT INVESTED/DEPOSITED BY THE INDIVIDUALS. Exhibit P3 A COPY OF THE REPORT BEARING NUMBER 1322/2014 BY THE CHENGAMANADU POLICE DATED 17TH JULY 2015 SUBMITTED BEFORE THE JFCMI ALUVA.

Exhibit P4 COPY OF THE ORDER IN CRL MP NO.1932/2015 BEFORE JFCM I ALUVA DATED 17TH MAY 2015.

Exhibit P5 COPY OF THE ORDER IN CRL MP NO.2031/2015 BEFORE JFCM I ALUVA DATED 17TH MAY 2018.

Exhibit P6 COPY OF THE ORDER IN CRL MP NO.2026/2015 BEFORE JFCM I ALUVA DATED 17TH MAY 2018.

Exhibit P7 COPY OF THE ORDER IN CRL MP NO.2049/2015 BEFORE JFCM I ALUVA DATED 17TH MAY 2018.

Exhibit P8 A COPY OF THE PROCEEDINGS OF THE JFCM I ALUVA IN MP 1932/2015 DATED NIL.