Kerala High Court
P S Seban vs State Of Kerala on 27 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
WP(CRL.) NO. 962 OF 2023
PETITIONER:
P S SEBAN
AGED 61 YEARS
S/O SEBASTIAN, MANAGING DIRECTOR, LA'CASIGNE INFRA
DEVELOPERS PVT. LTD., MRRA 40C, KARGIL ROAD,
VAZHAKKALA, KAKKANAD, ERNAKULAM, PIN - 682030
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
SARATH K.P.
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REP. BY ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF
KERALA THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 HOME SECRETARY
GOVERNMENT OF KERALA THIRUVANANTHAPURAM, PIN - 695001
3 DIRECTOR GENERAL OF POLICE
OFFICE OF THE DIRECTOR GENERAL OF POLICE, STATE POLICE
HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM
DISTRICT, PIN - 695010
4 CBCID, ECONOMIC WING
REPRESENTED BY ITS SUPERINTEND OF POLICE VAIKOM ROAD,
THRIPUNITHURA, ERNAKULAM (CR NO. 4450/2016 OF ALUVA
POLICE STATION REREGISTERED AS CR NO. 125/CB/EKM/2017
OF CRIME BRANCH (ECONOMIC WING), ERNAKULAM), PIN -
682301
BY ADV ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
SRI HRITHWIK, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.) NO.962 OF 2023
2
P.V.KUNHIKRISHNAN
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W.P.(Crl).No.962 of 2023
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Dated this the 27th day of October, 2023
JUDGMENT
This writ petition (criminal) is filed with the following
prayers:-
"I. issue a writ of mandamus directing the
respondents No 2 and 3 to entrust the investigation
to 4th respondent in Crime No. 125/CB/EKM/2017 of
Crime Branch (Economic Wing), Ernakulam
II. issue a writ of mandamus directing 3rd
respondent to supervise the investigation in Cr No.
125/CB/EKM/2017 of Crime Branch (Economic Wing),
Ernakulam.
III. issue any other writ, order or direction directing
the Respondents 2 to 4 to file a report regarding the
investigation so far conducted in Cr No.
125/CB/EKM/2017 of Crime Branch (Economic Wing),
Ernakulam.
IV. issue any other writ, order or direction directing
the Respondents 2 to 4 to file a report regarding the
action taken on the Exhibits P7 to P9
representations.
V. To pass such order or directions which this
Hon'ble Court deems fit and proper on the facts and
circumstances of the case, in the interest of justice.
VI. Petitioner also prays that this Hon'ble Court may
be pleased to dispense with the translation of the
documents produced in vernacular language." (SIC)
2. The main prayer in this writ petition is to entrust
the investigation in Crime No.125/CB/EKM/2017 to the 4th
W.P.(Crl.) NO.962 OF 2023
respondent. This Court directed the learned Public
Prosecutor to get instructions. A detailed statement is filed
by the Deputy Superintendent of Police, Crime Branch,
EOW. It will be better to extract the relevant portion of the
statement, which reads as follows:-
"8. is respectfully submitted that, the contractfor the
Earth Filling work of the Metro yard Muttam Aluva
was taken by the company Bridge and Roof (India)Ltd
and they gave Sub Contract of the work to Raj
Constructions, a company located at Ambalamedu.
Raj Constructions entrusted the work to Deens
Constructions and they began the work. The
complainant Mr Seban (the Petitionerin this WPC)
also submitted tender for Sub contract to Bridge and
Roof (India)Ltd, but his tender was not considered as
his company was a new one and had no previous
experience. He and his companion Mr Nishad
approached Natarajan, the owner of Raj
Constructions and they were also given a part of the
work. Aggrieved by this, Deens Constructions
stopped the work and the complainant Seban and
Nishad continued the work.
9. It is respectfully submitted that, Natarajan, the
owner of Raj Constructions issued separate Work
Orders to the complainant Seban and Nishad. The
work orders submitted by the petitioner Seban as
Exhibit No P1 and P2 are the work orders issued to
him by Raj Constructions and similar work orders
W.P.(Crl.) NO.962 OF 2023
were issued to Nishad also. The payments for the
work was given to both of them through Bank
Accounts. They came in to dispute in the work and
they failed to complete the work in time. Hence The
Kochi Metro Rail authorities terminated the Bridge
and Roof (India)Ltd from the work. The final amount
Raj Constructions got from Bridge and Roof (India)
Ltd was not given to the complainant Seban and
Nishad due to the dispute between them and it is
kept with Natarajan, the owner of Raj Constructions.
10. It is respectfully submitted that, the investigation
of the case has been completed and all the
allegations of the complainant were analyzed and is
purely Civil in nature. He was not able to give any
relevant documents to support his claims. He had no
written agreement with Bridge and Roof (India)Ltd or
Raj constructions before starting the work. The work
Orders he produced were issued after starting the
work and similar work orders were issued to his co-
worker Nishad also. He did not have any documents
to show that the work was done alone by him. He
filed a Civil Case as OS No 100/2018 in the Sub Court,
Emakulam and it is under consideration of the
Hon'ble Court. The case is related to the money
transaction of the parties and there is no evidence to
substantiate a criminal offence as alleged by the
petitioner. The Factual Report for getting sanction
was prepared and submitted to the Supdt. of Police
Crime Branch Economic Offences Wing Emakulam
Range after attaining Legal opinion from the Legal
Advisor of Crime Branch for getting sanction to file
W.P.(Crl.) NO.962 OF 2023
the Final report in the Hon'ble Court.
11. All the allegations submitted by the petitioner of
this WPCrl is baseless. The matter related to
Perumbavoor Police Station Crime 2120/2015 which
he submitted as Exhibit P6 is related to a meeting
conducted in relation to this work and another work
in BPCL Kochi Refinery at Perumbavoor by the parties
involved in the works and it has no connection with
the evidence of this case. The investigation of this
case was done properly and his allegation against it
is because the outcome of it is not as per his interest.
The petitions submitted by him as shown as exhibit
P7, P8 an P9 (to The Add! Director General of Police
Crime Branch, Inspector General of police Crime
Branch and Supdt of Police Crime Branch EOW
Emakulam) are under enquiry and the intention of
the petitioner is to delay the submission of Final
Report. The Factual Report prepared in this case is
submitted to superior officers and the Final Report
will be submitted only after perusal and approval by
them. Hence his plea for entrusting the investigation
to superior officer is not to be considered. It is only to
delay in the submission of final report so as to
support the Civil Case pending in the Hon'ble Sub
Court Ernakulam."
3. In the light of the above statement, nothing
survives in this case. If there is any fresh cause of action to
the petitioner, the petitioner is free to agitate the same in
W.P.(Crl.) NO.962 OF 2023
accordance to law.
Recording the above statement, this writ petition
(criminal) is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P.(Crl.) NO.962 OF 2023
APPENDIX OF WP(CRL.) 962/2023
PETITIONER EXHIBITS
Exhibit-P1 A COPY OF THE WORK ORDER DATED
13.11.2013 ISSUED BY RAJ CONSTRUCTIONS
Exhibit-P2 A COPY OF THE WORK ORDER DATED
15.01.2014 ISSUED BY RAJ CONSTRUCTIONS
Exhibit-P3 A COPY OF THE COMMUNICATION DATED
14.09.2013 FROM BRIDGE AND ROOF CO. (I)
LTD
Exhibit-P4 A COPY OF FIR IN CRIME NO 4450/2016 OF
ALUVA POLICE STATION, ERNAKULAM
Exhibit-P5 A COPY OF THE ORDER DATED 13.06.2017 IN
WP(C) NO 4451/2017
Exhibit-P6 A COPY OF THE ORDER PASSED IN WP(C) NO
6602/2016 DATED 19.05.2016
Exhibit-P7 PETITIONER SUBMITTED A DETAILED
REPRESENTATION TO THE INSPECTOR GENERAL
OF POLICE, CRIME BRANCH DATED
28.03.2023
Exhibit-P8 REPRESENTATION SUBMITTED BEFORE THE
ADDITIONAL DIRECTOR GENERAL OF POLICE
DATED 26.07.2023
Exhibit-P9 REPRESENTATION SUBMITTED BEFORE THE
SUPERINTENDENT OF POLICE, ERNAKULAM
DATED 04.07.2023 AND IT'S TRACK
CONSIGNMENT DETAILS
