IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2357 of 2011(T)
1. ALAPPUZHA ANANTHANARAYANAPURAM THURAVUR
... Petitioner
Vs
1. B.SOMAKUMAR BHAT,S/O.GOVINDA VADHYAR,
... Respondent
2. PURUSHOTHAMA VADHYAR,S/O.GIRI VADHYAR,
3. STATE OF KERALA,REPRESENTED BY DISTRICT
4. SUB INSPECTOR OF POLICE,KUTHIATHODU
For Petitioner :SRI.V.L.SHENOY
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :04/02/2011
O R D E R
THOMAS P.JOSEPH, J.
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W.P(C) No.2357 of 2011
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Dated this the 04th day of February, 2011
J U D G M E N T
Petitioner is the ‘Adhikari’ of Alappuzha
Ananthanarayanapuram Thuravur Thirumala Devaswom (for short,
“the Devaswom”). Theft occurred in a temple under the
Devaswom between 15.03.2010 and 15.04.2010. It is alleged that
about 45 gms of gold ornaments worn by the Deity was subjected
to theft. The Kuthiathodu police registered Crime No.175 of 2010
on 25.04.2010 and started investigation. First and the second
respondents are stated to be involved in the alleged incident.
Grievance of petitioner is that the Kuthiathodu police is not
investigating the case properly and that apart from the fact that
the case is not properly investigated non-investigation affected
sentiments of the devotees. Hence this petition praying that the
4th respondent may be directed to expedite investigation of
Crime No.175 of 2010 and grant such other reliefs as are found fit.
Learned counsel submitted that a Temple Theft Investigation
Special Team (for short, “the Special Team”) has been constituted
by the Director General of Police as per Executive Directive No.12
W.P(C) No.2357 of 2011
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of 2009 and as per that Directive the theft involved in this case
ought to have been investigated by the Special Team. I have
heard the learned Public Prosecutor also.
2. Learned Public Prosecutor submitted that in the light
of directions in the Executive Directive since value of gold
ornaments involved in this case is less than Rs.1,00,000/- it is not
absolutely necessary that the case is to be investigated by the
Special Team and it is within the discretionary power of the
Assistant Director General of Police, Crimes if circumstances
warranted to transfer investigation of the case to the Special
Team.
3. I was given a copy of the Executive Directive. That
Directive states that temple thefts (instances occurred after
24.08.2009) in which value of the property lost is above Rupees
One lakh will be taken over by the Special Team within two days
of registration of the FIR if there is no clear indication regarding
the accused and in other cases investigation will be taken over at
the discretion of the ADGP, Crimes where the case is connected to
others under investigation by the Special Team or otherwise
relevant.
4. Though petitioner has not made a specific request for
W.P(C) No.2357 of 2011
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handing over investigation to the Special Team, since he has
requested for other appropriate reliefs also and considering
submission made by the learned Public Prosecutor I am inclined to
direct the ADGP, Crimes to consider whether this case could be
investigated by the Special Team.
Resultantly, this Criminal Miscellaneous Case is disposed of
directing the ADGP, Crimes to consider within two weeks from the
date of receipt of a copy of this judgment whether the theft
involved in this case could be investigated by the Special Team
and if so hand over investigation to the Special Team. Petitioner
is directed to make available a copy of this judgment before the
ADGP, Crimes for necessary action.
THOMAS P. JOSEPH, JUDGE.
vsv