Kerala High Court
Chandran vs State Of Kerala on 19 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
WP(CRL.) NO. 8 OF 2023
PETITIONER:
CHANDRAN, AGED 55 YEARS
S/O. PONNAPPAN C.J. BHAVAN, ARAYOOR, CHENKAL
VILLAGE NEYYATTINKARA TALUK, PROPRIETOR, S.S.
TRADERS, NEAR MURUGAN KOVIL, PLAMOOTTUKADA, KARODE
VILLAGE, NEYYATTINKARA, PIN - 695122
BY ADVS.
LIJU.V.STEPHEN
INDU SUSAN JACOB
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY DEPARTMENT OF HOME
AFFAIRS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695001
3 STATION HOUSE OFFICER, POZHIYOOR POLICE STATION
THIRUVANANTHAPURAM, PIN - 695513
ADDL.R4 COMMISSIONER OF POLICE
OFFICE OF COMMISSIONER OF POLICE, BARRACKPORE
COMMISSIONERATE, Q958+QJH, CANTONMENT, BARRACKPORE,
WEST BENGAL - 700120
** ADDL.R4 IMPLEADED AS PER ORDER DATED 31/03/2023
IN IA 1/2023 **
ADV.M.P.PRASANTH, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P(Crl)8/2023 2
P. V. KUNHIKRISHNAN, J.
-------------------------------------------
W.P(Crl). No.8 of 2023
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Dated this the 19th day of October, 2023
JUDGMENT
This W.P(Crl) is filed with the following prayers:
(i) To issue a Writ of Mandamus or any other
appropriate Writ order or direction directing the
Respondents 1 and 2 to entrust the case of the Petitioner
to any other investigating agency that is deemed fit and
proper in the facts and circumstances of the case
(ii) Petitioner also prayed that this Hon'ble Court
may be pleased to dispense with the translation of the
documents produced in the vernacular language. And
(iii) To issue such other appropriate Writ order or
direction that may be deemed to be just and equitable in
the facts and circumstances of the case.
2. The petitioner is the proprietor of a business concern in
Thiruvananthapuram district. It is the case of the petitioner that
purchase made by the petitioner for his business are done through
the internet from other states. The accused person in this case by
fraudulent means created websites and by fabrication and forging of
e-way bills, received huge amount of money and cheated the
petitioner. It is the case of the petitioner that no proper investigation
is conducted by the local police. Even though it is submitted that,
unless the case is entrusted to the Crime Branch, effective
investigation cannot be done.
3. The learned Public Prosecutor submitted that a statement
is filed by the present investigating officer, who is the Sub Inspector
of Police, Pozhiyoor Police Station. The learned Public Prosecutor
takes me through the relevant portion of the statement. It will be
better to extract paragraphs 24 to 28 of the statement dated
09.10.2023:
24. It is submitted that the investigation so far has
revealed that the accused persons are habitual offenders
and their intention is making money illegally by cheating
the petitioner of the writ petition and others by
pretending that they are running a business in steel bar in
a fictitious name.
25. It is submitted that letters were send to the
cooperation office in Bara Nagar of West Bengal for
collecting the possession certificate of the said company if
owned by the names of accused persons and the Register
of companies in West Bengal obtaining certificate of
registration if any through e-mail.
26. It is submitted that the report regarding the name
and addresses of the accused persons revealed are
submitted before the Hon'ble Court.
27. It is further submitted that, investigation of this
case is going on in a proper manner, by collecting all the
reliable evidences and recording the statements of
witnesses. Letters were sent to the concerned authorities
for getting more supporting evidences to this case.
28. It is submitted that after the medical leave of
investigation officer, the investigation team will set off for
West Bengal for investigation of the case and tracing the
accused.
4. It is submitted by the Prosecutor that, even though the
statement is made by the Sub Inspector of Police, the investigation is
now conducted by the Inspector of Police, Pozhiyoor Police Station.
It is also submitted that a special team is constituted in this regard
and they even went upto West Bengal for the purpose of
investigation. The learned counsel for the petitioner submitted that,
unless investigation is taken over by the Crime Branch, effective
investigation is not possible.
5. Considering the facts and circumstances of the case, the
investigation is to be entrusted to the Crime Branch because the
allegation is that the accused are settled at Calcutta and several
persons are cheated. A detailed investigation is necessary.
Therefore, this Writ Petition is disposed of with the following
directions:
a) The 2nd respondent is directed to entrust the
investigation in Crime No.839/2022 of Pozhiyoor Police
Station to the C-Branch, Thiruvananthapuram
forthwith.
b) The new investigating team will do the
needful to complete the investigation as expeditiously as
possible.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
APPENDIX OF WP(CRL.) 8/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE POLICE COMPLAINT
DATED 20-7-2022 MADE BY THE PETITIONER
TO THE POZHIYOOR POLICE STATION
Exhibit P2 A TRUE COPY OF THE COMPLAINT MADE BY THE
PETITIONER TO THE DYSP, NEYYATTINKARA
RECEIVED BY HIM ON 21-7-2022
Exhibit P3 A TRUE COPY OF THE COMPLAINT MADE BY THE
PETITIONER TO THE RURAL
SP.THIRUVANANTHAPURAM DATED 22-7-2022
Exhibit P4 A TRUE COPY OF THE ORDER DATED 22-8-2022
IN CRL.M.P 1638/2022 OF THE JUDICIAL
FIRST-CLASS MAGISTRATE-II COURT,
NEYYATTINKARA
Exhibit P5 A TRUE COPY OF THE FIR IN CRIME NO.
839/2022 OF POZHIYOOR POLICE STATION
DATED 2-9-2022
Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED
27-10-2022 MADE BY THE PETITIONER BEFORE
THE 1ST RESPONDENT
Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED
27-10-2022 MADE BY THE PETITIONER BEFORE
THE 2ND RESPONDENT
