Kerala High Court
G. Aniyankunju vs State Of Kerala on 5 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.3008 of 2017
1
2024:KER:67827
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
CRL.MC NO. 3008 OF 2017
CRIME NO.1184/2011 OF SREEKARIYAM POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1318
OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
G. ANIYANKUNJU
AGED 56 YEARS, S/O.GEORGE, KANAVIL VILLA,
KANNANAMKUZHY P.O., CHARUMOODU,
ALAPPUZHA-690505.
BY ADVS.
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.P.J.JOE PAUL
SRI.MANU SEBASTIAN
RESPONDENTS/STATE AND DEFACTO COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE DEPARTMENT
OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 STATE POLICE CHIEF
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM,
KERALA-695001.
3 DISTRICT POLICE CHIEF
ALAPPUZHA-688001.
Crl.M.C. No.3008 of 2017
2
2024:KER:67827
4 CIRCLE INSPECTOR OF POLICE
MAVELIKARA-690101.
5 STATION HOUSE OFFICER
NOORANADU POLICE STATION, ALAPPUZHA
DISTRICT-690506.
6 STATION HOUSE OFFICER
SREEKARYAM POLICE STATION,
THIRUVANANTHAPURAM DISTRICT-695017.
7 SHABEER
S/O.MOHAMMED SALI, GAFFHIL, MANKULAM,
CHEKKALAMUKKU, SREEKARYAM,
THIRUVANANTHAPURAM DISTRICT-695017.
8 SALIM RAWTHER
PARAYIL VEEDU, THAMARAKULAM P.O.,
CHARUMMOODU-690530.
BY ADV.
SRI.SANAL.P.RAJ, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 05.09.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.3008 of 2017
3
2024:KER:67827
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.3008 of 2017
----------------------------------------------
Dated this the 05th day of September, 2024
ORDER
Petitioner is the accused in C.C. No.1318/2015
on the file of the Judicial First Class Magistrate Court
- I, Thiruvananthapuram arising from Crime
No.1184/2011 of Sreekaryam Police Station. The
above case is charge sheeted alleging offences
punishable under Sections 406 and 420 IPC.
2. Annexure 1 is the FIR. The gist of the
allegation in Annexure 1 is that the petitioner and
the 7th respondent had entered into a vehicle
purchase agreement on 06.11.2011, whereby the
petitioner had agreed to buy the Rhino RXD LX
vehicle bearing Registration No. KL-22A-3901 from
the 7th respondent for a sale price of Rs.4 lakh. It
2024:KER:67827
was alleged that the petitioner took possession of the
vehicle, but did not pay the sale consideration to the
7th respondent. According to the petitioner, even if
the entire allegations are accepted, no offence is
made out. Hence this Criminal Miscellaneous Case is
filed with the following prayers:
"i) quash Annex.1 FIR and Annex.9 Final
Report;
ii) quash the proceedings in C.C.No.1318/15
on the files of Judicial First Class Magistrate's Court-
I, Thiruvananthapuram;
iii) direct respondents 2 and 3 to entrust the
investigation of Annex.2 crime to some other
superior officer than the present investigating
officer, and direct the investigation to be completed
in a time bound manner;
iv) monitor the investigation of Annex.2
crime, calling for periodic reports from the
investigating officer;
v) issue such other direction or order as
deemed fit."
3. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor.
2024:KER:67827
4. The counsel appearing for the petitioner
submitted that Annexure 1 FIR is a counter blast to
an earlier crime registered against the 7 th
respondent. According to the petitioner, he and the
7th respondent had entered into a vehicle exchange
agreement on 06.11.2011. The 8th respondent acted
as the broker of the agreement. As per the
agreement, the petitioner has to exchange his
Maruthi Gypsy car bearing Registration No. KL-02-Y-
2355 with Rhino RXD LX vehicle bearing Registration
No. KL-22A-3901 belonging to the 7th respondent. It
is submitted that the petitioner paid an amount of
Rs.20,000/- as advance to the 7th respondent and
thereupon the possession of Rhino RXD vehicle was
given to the petitioner. However, when the petitioner
made enquiries in the RTO office regarding the Rhino
RXD vehicle, he came to know that its documentation
was not proper. No life long tax was paid for the
2024:KER:67827
vehicle is the further submission. It is also submitted
that the vehicle was not having insurance coverage.
Therefore, it is the case of the petitioner that the 7 th
respondent acted in contravention to his
representations that the vehicle had insurance
coverage and that lifelong tax had been paid for it.
In such circumstances, the petitioner did not wish to
proceed with the agreement and asked the 7 th
respondent to take away the vehicle after returning
the advance, is the submission. Dissatisfied with the
same, 7th and 8th respondents accompanied with two
others, came to the house of the petitioner and
threatened him with dare consequences if he rescind
the contract, is the further submission. The
petitioner was abused, threatened and intimidated.
For the above criminal acts, the petitioner filed a
complaint which resulted in registration of Crime
No.833/2011 of Nooranadu Police Station against
2024:KER:67827
respondents 7 and 8 as evident by Annexure 2 FIR.
According to the petitioner, Annexure 2 is earlier in
time, being registered on 26.11.2011. Therefore, it
is submitted that Annexure 1 crime is registered as a
counter blast to Annexure 2 crime, and the same is
subsequent. The further grievance of the petitioner
is that the Investigating Officer of Annexure 2 crime,
Sri.Fiyas was handling the investigation in an
improper manner. Therefore, the petitioner submitted
a complaint before the 2nd respondent and on the
basis of the complaint of the petitioner, the 2 nd
respondent directed the Inspector General of Police
Kochi Range to take disciplinary action against the
officer concerned, is the further submission. It is
also submitted that the 2nd respondent directed to
hand over the investigation to the Circle Inspector of
Mavelikara. Annexure 3 is the communication from
the State Public Information Officer of the 2nd
2024:KER:67827
respondent to the petitioner. Annexure 4 is the
communication from the 2nd respondent to the
Inspector General of Police and Annexure 5 is the
communication from the office of the 2 nd respondent.
According to the petitioner, Annexures 3 to 5 make it
clear that, disciplinary proceedings were initiated
against the Investigating Officer for his irregular
investigation based on Annexure 2 FIR. The
grievance of the petitioner is that, despite such order
and report, the investigation in Annexure 2 crime
was sabotaged, and investigation in Annexure 1
crime proceeded expeditiously. Thereafter the final
report was also filed based on Annexure 1 crime as
evident by Annexure 9.
5. The learned Public Prosecutor submitted
that the contentions raised by the petitioner against
Annexure 9 final report are matter of evidence and
the petitioner has to raise those contentions before
2024:KER:67827
the trial court at the appropriate stage. The Public
Prosecutor submitted that the investigation in
Annexure 2 crime is going smoothly.
6. This Court considered the contentions of
the petitioner and the Public Prosecutor. This court
also perused the Final Report filed by the police
against the petitioner as evident by Annexure 9. A
perusal of the Final Report would show that the
allegation is only to the effect that, there is violation
of an agreement between the parties. After going
through the Final Report and other documents, I am
of the considered opinion that the ingredients of
Section 406 and 420 IPC are not made out.
Therefore, I am of the considered opinion that,
continuation of Annexure 9 proceedings against the
petitioner can be quashed. As far as the investigation
in Annexure 2 crime is concerned, the officer
concerned will expedite the same and submit Final
2024:KER:67827
Report, if not filed, as expeditiously as possible.
Therefore, this Criminal Miscellaneous Case is
allowed in the following manner;
i) All further proceedings against the
petitioner in C.C.No.1318/2015 on the file of Judicial
First Class Magistrate's Court-I, Thiruvananthapuram
arising from Crime No. 1184/2011 of Sreekaryam
Police Station are quashed.
ii) The Investigating Officer in Annexure 2
crime will complete the investigation in accordance
with the law, if not completed, as expeditiously as
possible.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM/SCB
2024:KER:67827
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF FIR IN CRIME
NO.1184/11 OF SREEKARYAM POLICE
STATION.
ANNEXURE 2 CERTIFIED COPY OF FIR IN CRIME
NO.833/11 OF NOORANADU POLICE
STATION.
ANNEXURE 3 A TRUE COPY OF THE COMMUNICATION
NO.T1/108915/2012/PHQ DATED 21-12-
2012 FROM THE SPIO O F THE OFFICE
OF THE 2ND RESPONDENT TO THE
PETITIONER.
ANNEXURE 4 A TRUE COPY OF COMMUNICATION
NO.T2/67657/2012 DATED 07-12-2012
FROM THE 2ND RESPONDENT TO IG OF
POLICE, KOCHI RANGE.
ANNEXURE 5 A TRUE COPY OF THE COMMUNICATION
NO.T2/4451/2012 DATED 20-12-2012
FROM THE OFFICE OF 2ND RESPONDENT.
ANNEXURE 6 A TRUE COPY OF THE INQUIRY REPORT
DATED 04-09-2012 SUBMITTED BY
DY.SP., SPECIAL TEAM, POLICE HQ,
BEFORE THE 2ND RESPONDENT.
ANNEXURE 7 A TRUE COPY OF ORDER
NO.A2(A)10849/2012 KOR DATED 11-03-
2013 ISSUED BY IG, KOCHI RANGE.
ANNEXURE 8 A TRUE COPY OF ORDER
NO.A2(A)6782/12 TR DATED 05-02-2013
ISSUED BY IG, KOCHI RANGE.
ANNEXURE 9 CERTIFIED COPY OF FINAL REPORT IN
C.C.NO.1318/2015 ON THE FILE OF
2024:KER:67827
COURT OF JUDICIAL FIRST CLASS
MAGISTRATE-I, THIRUVANANTHAPURAM.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
