IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1255 of 2010()
1. AHAMMEDKUTTY,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE SUPERINTENDENT OF POLICE,
3. THE DIRECTOR GENERAL OF POLICE,
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/08/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No. 1255 OF 2010
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Dated this the 11th day of August, 2010
ORDER
Petitioner, who is the complainant in Annexure-B private
complaint filed before the Chief Judicial Magistrate Court,
Manjeri, which resulted in the Magistrate forwarding the
complaint to the Manjeri police under Section 156(3) Cr.P.C
and ending in the registration of Crime No.598/2009 of
Manjeri Police Station for offences punishable under Sections
107, 419, 420, 464, 468 and 471 read with 34 IPC, seeks a
direction to the Superintendent of Police, Malappuram and the
Director General of Police, Thiruvananthapuram to change the
investigation of Crime No.598/2009 from the 1st respondent
Sub Inspector of Police to a higher Senior Police Officer.
2. The case of the petitioner can be summarised as
follows:-
The petitioner along with one Mohammed Shafi
purchased an item of immovable property from one
Chandrasekharan and his wife Pushpaja as per document
No.5401/2007 of SRO, Manjeri. Subsequently it was known
that one Abdul Azeez has filed a suit as O.S.No.49/2008 before
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the Munsiff Court, Manjeri against the said Chandrasekharan
and his wife Pushpaja and one Alavikutty (the vendor of
Chandrasekharan and his wife Pushpaja) for a declaration that
the complainant Abdul Azeez is the owner of the property and
for recovery of the same with ancillary reliefs. On reading the
plaint in the aforesaid suit filed by the Abdul Azeez, the
petitioner came to know that he was cheated by the said
Chandrasekharan and his wife Pushpaja and their vendor
Alavikutty and that even the 1st accused, Abdul Azeez was
acting in collusion with them.
3. The present grievance of the petitioner is that even
though Malappuram police registered the above crime, no
headway has been made in the investigation and the
investigation thus far conducted by the 1st respondent Sub
Inspector of Police is tardy and ineffective. Hence this writ
petition.
4. The 1st respondent Sub Inspector of Police has filed
a statement in which it is inter alia stated that since the 1st
accused Abdul Azeez, who is the plaintiff in O.S.No.49/2008 is
in the Gulf country, the Sub Inspector of Police was not able to
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question him and since the civil suit filed by the 1st accused is
pending before the Munsiff Court, Manjeri, he has not been
able to complete the investigation and that a final report
cannot be filed without questioning the 1st accused.
5. Much strain is not necessary to conclude that the
investigation conducted by the 1st respondent is a mere
apology for investigation. The first and foremost thing to be
enquired into is as to whether the 1st accused Abdul Azeez
who is abroad, was at the relevant time also in the Gulf. This
can be verified even without questioning him by examining the
original documents. According to the 1st accused / Abdul
Azeez, he has not executed the sale deed dated 12.7.2002 in
favour of Alavikutty, the vendor of Chandrasekharan and his
wife and that the above document was brought into existence
through impersonation at a time when he was in the Gulf. No
effective questioning has been done with regard to the
vendors of the petitioner as well as their vendor. Even though
the signatures of the 1st accused / plaintiff are available in the
plaint, affidavit, vakalath etc. in the suit filed by him, no
attempt has been made to compare these signatures with
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those in the disputed sale deed dated 12.7.2002. Under these
circumstances, I do not think that the 1st respondent should be
allowed to continue the investigation of the above crime.
Accordingly, the investigation of Crime No.598/2009 of the
Manjeri Police Station shall be transferred to the Circle
Inspector of Police, Manjeri, who shall immediately take over
the investigation and conduct further investigation of the
above case in an effective manner and file a report within
three months of receipt of the investigation records.
This Criminal M.C is disposed of as above.
V.RAMKUMAR, JUDGE
dmb