Kerala High Court
K.P.Geevarghese Alias Babu vs State Of Kerala on 4 June, 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
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 16997 OF 2019
PETITIONERS:
1 K.P.GEEVARGHESE ALIAS BABU,
AGED 73 YEARS
S/O PAULOSE, KARAKKATTU HOUSE,
KANINAD P.O.PUTHENCRUZ VILLAGE,
ERNAKULAM DISTRICT
2 MANOJ BABU K.G,
AGED 46 YEARS
S/O K.P GEEVARGHESE,
KARAKKATTU HOUSE, KANINAD P.O.
PUTHENCRUZ VILLAGE, ERNAKULAM DISTRICT
BY ADVS.
PAUL K.VARGHESE
SMT.A.A.GEETHA
SRI.K.P.S.JALALUDDEEN MOHMMED
SMT.NEENA JAMES
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
2 THE POLICE CHIEF,
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN 695 010
3 THE INSPECTOR GENERAL OF POLICE,
KOCHI RANGE, 682 031.
4 THE SUPERINTENDENT OF POLICE,
RURAL OFFICE, ALWAYE, PIN 683 101
5 THE STATION HOUSE OFFICER,
PUTHENCRUZ POLICE STATION,
PUTHENCRUZ, ERNAKULAM DISTRICT, PIN 682 308
6 ASHA KORATH,
AGED 45 YEARS
D/O KORATH,
KANNETH HOUSE, PUTHENCRUZ PUTHISERY VILLAGE,
ERNAKULAM DISTRICT, PIN 682 308
7 EDISON
AGED 50 YEARS
H/O ASHA KORATH,
KANNETH HOUSE, PUTHENCRUZ VILLAGE,
ERNAKULAM DISTRICT, PIN 682 308
8 THANKAMMA KORATH,
AGED 75 YEARS
W/O KORATH, KANNETH HOUSE,
PUTHENCURZ NOW RESIDING AT KOCHUPUREKKAL HOUSE,
PALAKUZHA P.O.ERNAKULAM DISTRICT 686 662.
BY ADV.NOUSHAD K. A.
PUBLIC PROSECUTOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.16997 of 2019
-:3:-
BECHU KURIAN THOMAS, J.
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W.P.(C).No.16997 of 2019
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Dated this the 4th day of June, 2024
JUDGMENT
Petitioners seek for a direction to the third respondent to
conduct a proper investigation based on Ext.P1 complaint.
2. Petitioners had complained as early as 28.05.2019, that the
6th respondent had attempted to forcefully evict the petitioners on
27.05.2019 from the building taken by them on rent. They alleged
that they found the lock of their business establishment broken, and
entire materials, including clothes, sewing machines, money and the
rental agreements, apart from electronic gadgets, totally worth around
Rs. 32,00,000/- been stolen. It was also alleged that valuable cloth
materials given for stitching by other persons were also found to be
stolen and that the police failed to conduct a proper investigation due
to the political influence. Pursuant to the complaint on 28.05.2019, a
crime was registered as FIR No.473/2019. The writ petition was filed
on 20.06.2019, alleging that no proper investigation was being carried
out by the Police, which necessitates investigation to be conducted by
the third respondent.
3. Records of this case reveal that a statement was filed by the
5th respondent alleging that there were disputes between the
petitioners and the landlords in respect of the building leased to the
petitioners and various other crimes are existing between them. It is
also stated that the 6th respondent and other persons had obtained
an anticipatory bail on 04.07.2019 due to which, after interrogation
they were released on bail. A vehicle was also surrendered by the
accused in the crime without any stolen articles, and the investigation
revealed that the offence was committed as per the direction and
leadership of the 7th respondent, who is the husband of the 6 th
respondent. Since investigation revealed that the 7th respondent left
India, a lookout circular was issued against him and it was necessary
to retrieve the stolen articles, which are allegedly hidden by the 7th
respondent, and his arrest is essential for such a recovery.
4. Subsequently, a final report in the crime was filed on
15.02.2021, arraying five persons as accused, which includes the 7 th
respondent as well as the 6th respondent, and the case is now pending
before the Judicial First Class Magistrate Court, Kolenchery, as
C.C.No.131/2021.
5. While so, on 14.03.2023, this Court issued an order directing
the Public Prosecutor to inform this Court the further steps initiated to
recover the stolen articles in the light of the subsequent development
after the arrest of the first accused, i.e, the 7th respondent herein.
Pursuant to the said direction, a statement has been filed on
30.10.2023, stating as follows:
"2. It is submitted that the there are five accused in this
case. Accused persons A2 to A5 taken bail from Hon'ble Sessions
court Ernakulam during the course of investigation and Al had
crossed over to a foreign country, the stolen property has not been
recovered. After completing the investigation the case charge
sheet was submitted before the Hon'ble Judicial First class court-I
Kolenchery on 15.01.2021. Al has granted bail from Hon'ble
Judicial First class court -I, Kolenchery on 22.08.22 in CMP No. 1021
in 131 of 2021.
3. It is submitted that as per the Ho'ble court order further
investigation of the case is started after getting sanction from the
Hon'ble JFCM-1 Court Kolenchery. The investigation stared after
verified the case file. Statement of A1has taken after giving 41(A)
CrPC notice and finger print of A1 was also taken. Al1's house was
searched after obtaining search warrant from Hon'ble Judicial First
Class Magistrate but the stolen articles did not found.
4. It is submitted that the A1 confessed that the stolen
cloth materials were destroyed by burned before he was
absconding, a search was conducted the place where he destroyed
the stolen cloth materials. The Stolen stitching machines are sold
to the scrap dealers and there is no evidence obtained the person
who bought the sewing machine. Questioned all accused in this
case and verified. It is submitted that the investigation of the case
is continuing and Section 201 IPC is added."
6. I have heard Sri. Paul.K.Varghese, the learned counsel for the
petitiones as well as Sri.Noushad.K.A, the learned Public Prosecutor.
7. Though this Court had on 14.03.2023, directed the
respondents to inform the further steps initiated for recovering the
stolen articles in the light of the arrest of the first accused, it was
informed that, after conducting a search of the house of the first
accused, none of the stolen articles could be recovered. The statement
of the 5th respondent extracted reveals that the stolen articles have
been destroyed by burning them and that the sewing machine were
sold to scrap dealers, which could not be retrieved.
8. The nature of the crime committed and the failure of the
investigation to recover the stolen articles no doubts points to an
ineffective investigation. By virtue of lapse of time, and also the nature
of crime allegedly committed, this Court is of the view that no purpose
would be achieved by directing another investigation to be conducted
based on Ext.P1 complaint. As the matter stands, the final report was
filed, arraying five persons as accused, and as noticed from the
statement of the 5th respondent dated 30.10.2023 that the further
investigation is continuing, and even Section 201 of IPC has also been
added.
9. Since the further investigation is being conducted as noticed
from the additional statement that has been filed, there is no necessity
for any further direction to investigate into Ext.P1 complaint properly.
The investigation into any crime must of course, be proper and
effective. As it is evident that further investigation is being carried on,
there is no necessity for rising any directions.
This writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/04.06.24
APPENDIX OF WP(C) 16997/2019
PETITIONERS' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COMPLAINT FILED BY
THE 1ST PETITIONER BEFORE THE INSPECTOR
GENERAL OF POLICE ERNAKULAM DATED
28.5.2019
EXHIBIT P2 A TRUE COPY OF THE RECEIPT ISSUED FROM
THE IG OF POLICE OFFICE DATED 28.5.2019
EXHIBIT P3 A TRUE COPY OF THE PLAINT IN OS 34/2019
BEFORE THE SUB COURT, PERUMBAVOOR DATED
30.5.2019
EXHIBIT P4 A TRUE COPY OF THE FIR IN CRIME NO
473/19 OF PUTHENCRUZ POLICE STATION
DATED 30.5.2019
EXHIBIT P5 A TRUE COPY OF THE FIR IN CRIME NO
474/19 OF PUTHENCRUZ POLICE STATION
DATED 30.5.2019
EXHIBIT P6 A TRUE COPY OF THE WRIT PETITION AS
W.P.C.NO.18990/2019 FILED BY THE 6TH
RESPONDENT SMT.ASHA KORATH BEFORE THIS
HON'BLE COURT DATED 10.07.2019
EXHIBIT P7 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONERS DATED
23.07.2019 IN W.P.C.18990/2019 WITH
EXHIBITS
EXHIBIT P8 TRUE COPY OF THE ORDER IN
W.P.C.NO.18990/2019 OF THIS HON'BLE
COURT DATED 14.8.2019
