Kerala High Court
Azeeb T A vs State Of Kerala,Represented By The ... on 4 January, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
WP(CRL.) NO. 1052 OF 2023
PETITIONER:
AZEEB T A
AGED 35 YEARS
S/O K.B ASHRAF,
THACHAVALLATH HOUSE,
ELOOKKARA, MUPPATHADAM PO,
ALUVA, ERNAKULAM DISTRICT, PIN - 683110
BY ADV K.V.RASHMI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE SHO, NEDUMBASSERY POLICE STATION
ERNAKULAM, PIN - 683111
4 DEPUTY SUPERINTENDENT OF POLICE
PERIYAR NAGAR, ALUVA,
KERALA, PIN - 683101
5 DEPUTY INSPECTOR GENERAL OF POLICE
(ERNAKULAM RANGE), CHANGAMPUZHA NAGAR,
PO SOUTH KALAMASSERY,
ERNAKULAM, PIN - 683033
W.P.(Crl.).No.1052 of 2023
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6 DIRECTOR GENERAL OF POLICE
STATE POLICE HEAD QUARTERS,
VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695010
7 THE CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY ITS DIRECTOR,
KATHRIKADAVU, ERNAKULAM, PIN - 682017
8 UNION OF INDIA, REP. BY ITS SECRETARY
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
DEPARTMENT OF SCHOOL EDUCATION & LITERACY,
SASTRI BHAWAN, NEW DELHI, PIN - 110001
9 STATION HOUSE OFFICER
ALUVA WEST POLICE STATION,
KOTTAPURAM, ALANGAD PO,
ERNAKULAM -683511
[ADDL.R9 IMPLEADED VIDE ORDER DATED 29/11/2023 IN IA
1of 2023 IN W.P.(Crl.)No.1052/2023
BY ADVS.
M.C. ASHI
PUBLIC PROSECUTOR
SREELAL N. WARRIER
STANDING COUNSEL
CENTRAL BUREAU OF INVESTIGATION
MANU S. DSG OF INDIA
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.01.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).No.1052 of 2023
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BECHU KURIAN THOMAS, J.
---------------------------------------
W.P.(Crl.).No.1052 of 2023
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Dated this the 4th day of January, 2024
JUDGMENT
Petitioner seeks for a direction to handover investigation of Crime
No.525/2023 of Nedumbassery Airport Police Station to the Central Bureau
of Investigation. Petitioner has also sought for a direction to constitute a
team of officers of the CBCID and to handover investigation to them before
a final report is filed by the 3rd respondent.
2. Petitioner alleges that a lady by name Saranya, D/o Sudheeran,
had obtained employment at the Cochin International Airport Ltd. on the
basis of a fake educational certificate. The foundation of the allegation is
based on Ext.P16 communication issued by the Ministry of External Affairs,
Passport office, Thiruvananthapuram. Petitioner also alleges that, he
preferred a complaint before the Nedumbassery Airport Police Station on
25.08.2023 as Crime No.525/2023. According to the petitioner, the
ramifications of the allegations are far reaching and therefore, the CBI is
required to be directed to investigate the case.
3. Sri. Ashi M.C, the learned Public Prosecutor upon instructions
submitted that, during the course of investigation it was verified with the
employer of the accused regarding the alleged fake certificates produced
by her. It was informed that the certificate produced by the accused in
Crime No.525/2023 was verified by their internal vigilance and the same
was found to be genuine and it is thereafter that the appointment was
granted. It is also submitted that the investigation into Crime
No.525/2023 is still going on and that further materials have been
collected and there is no reason to entrust investigation investigation to
CBI.
4. Sri. Sreelal N. Warrier, the learned Standing Counsel for the 7 th
respondent submitted that the nature of the allegations in Crime
No.525/2023 does not reflect a case which is required to be investigated
by the CBI and the allegations therein do not fall within the rarest of rare
cases warranting investigation by the CBI.
5. I have considered the contentions advanced by Smt. Rashmi K.V,
the learned counsel for the petitioner as well as Sri. Ashi. M.C, the learned
Public Prosecutor and Sri. Sreelal N. Warrier, the learned Standing Counsel
for the 7th respondent.
6. The nature of allegations raised by the petitioner against the
accused in Crime No.525/2023 is with respect to a fake certificate
allegedly obtained by her to get appointment with the BWFS for carrying
out the ground handling works at the Cochin International
Airport Ltd. The complaint is, no doubt, under investigation. In this
context, it has to be mentioned that petitioner's brother had faced
departmental proceedings for raising allegations against the accused in
Crime No.525/2023 of Nedumbassery Airport Police Station. Since the
investigation is going on and there is no reason to doubt the competence
or the credibility of the investigation, a change of investigation is not
warranted. No materials are available to doubt the nature of probe being
conducted by the present investigating officer
7. Having regard to the aforesaid, I find no reason to entrust
investigation of the said case to the CBI, especially since the nature of
allegations do not reflect a case which falls within the category of rarest of
rare cases to be investigated by the CBI.
8. However, if in case petitioner has any grievance against the
investigation, it is certainly open to him to approach the jurisdictional
Magistrate as observed in the decision in Sakiri Vasu vs State Of Uttar
Pradesh and Others [(2008) 2 SCC 409].
Reserving the aforesaid liberty, this writ petition is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/04.01.24.
APPENDIX OF WP(CRL.) 1052/2023
PETITIONER'S EXHIBITS
Exhibit-P1 A TRUE COPY OF THE INTERIM ORDER DATED
22.08.2023 IN CRL. M.C NO. 6830/2023.
Exhibit-P2 A TRUE COPY OF THE COMPLAINT PREFERRED
THROUGH EMAIL DATED 06.07.2023.
Exhibit-P3 THE EMAIL REPLY FROM THE OFFICE OF THE
BUREAU OF CIVIL AVIATION DATED 12.07.2023
Exhibit-P4 A TRUE COPY OF THE REPLY GIVEN BY THE 3RD
RESPONDENT DATED NIL RECEIVED BY THE
PETITIONER ON 22.07.2023
Exhibit-P5 A TRUE E-COPY OF THE APPEAL SUBMITTED BY
THE PETITIONER BEFORE THE 5TH RESPONDENT
DATED 29.07.2023
Exhibit-P6 A TRUE COPY OF THE ONLINE NEWS ITEM THAT
WAS PUBLISHED IN MALAYALA MANORAMA DAILY
DATED 04.08.2023
Exhibit-P7 A TRUE COPY OF THE E-COMMUNICATION DATED
04.08.2023,5TH RESPONDENT WAS FORWARDED TO
THE 4TH RESPONDENT FOR ENQUIRY
Exhibit-P8 A TRUE COPY OF THE NEWS ITEM PUBLISHED IN
MALAYALA MANORAMA E-DAILY DATED 07.08.2023
Exhibit-P9 A TRUE COPY OF THE FIR IN CR. NO.
0525/2023 REGISTERED BY THE 3RD RESPONDENT
DATED 05.08.2023
Exhibit-P10 A TRUE COPY OF THE E-COMPLAINT PREFERRED
BEFORE THE 5TH RESPONDENT DATED 13.09.2023
Exhibit-P10(A) A TRUE COPY OF THE COMPLAINT SENT AS EMAIL
DATED 19.09.2023 TO THE 5TH RESPONDENT IS
PRODUCED HEREWITH AND MARKED AS EXHIBIT
P10 (A). THE PETITIONER
Exhibit-P11 A TRUE COPY OF THE INTERMEDIATE (10+2)
CERTIFICATE ISSUED IN FAVOUR OF THE
ACCUSED IN EXT. P9 FIR DATED NIL OF THE
YEAR 2017
Exhibit-P12 A TRUE COPY OF THE JUDGMENT IN WRIT A NO.
16075/2018 ISSUED BY THE ALLAHABAD HIGH
COURT DATED 17.12.2018
Exhibit-P13 A TRUE COPY OF THE PUBLIC NOTICE ISSUED BY
THE 8TH RESPONDENT DATED 28.10.2013
Exhibit-P14 A TRUE COPY OF THE LETTER DATED 05.11.2019
ISSUED BY THE UNDER SECRETARY GENERAL
ADMINISTRATION OF THE STATE OF HARYANA
Exhibit-P15 A TRUE COPY OF THE COMMUNICATION DATED
09.07.2019 ISSUED BY THE CBI SPECIAL
POLICE ESTABLISHMENT, DEHRADUN
Exhibit-P16 A TRUE COPY OF THE CLARIFICATION NOTE
ISSUED BY THE PASS PORT OFFICER DATED
18.03.2016
Exhibit-P17 A TRUE COPY OF THE JUDGMENT DATED
25.11.2020 PASSED BY THE HIGH COURT OF
ALLAHABAD IN APPLICATION NO. 17145/2020
Exhibit-P18 A TRUE COPY OF THE LETTER SENT VIA EMAIL
DATED 04.10.2023 SENT TO THE CBI OFFICE,
SPECIAL POLICE ESTABLISHMENT, DEHRADUN
Exhibit P19 TRUE COPY OF THE COMMUNICATION SEND BY THE
3RD RESPONDENT TO THE DEPONENT DATED NIL
