High Court Kerala High Court

Gokulan vs The Deputy Superintendnet Of … on 2 December, 2008

Kerala High Court
Gokulan vs The Deputy Superintendnet Of … on 2 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4197 of 2008()


1. GOKULAN, GOKUL NIVAS, UNION CLUB ROAD,
                      ...  Petitioner

                        Vs



1. THE DEPUTY SUPERINTENDNET OF POLICE,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.V.PREMCHAND

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :02/12/2008

 O R D E R
                           R. BASANT, J.
                 - - - - - - - - - - - - - - - - - - - - - -
                  Crl.M.C.No. 4197 of 2008
                 - - - - - - - - - - - - - - - - - - - - - -
            Dated this the 2nd day of December, 2008

                              O R D E R

The petitioner is the defacto complainant in Crime No.744

of 2007 of Kottayam West Police Station. That crime was

registered on the basis of a private complaint filed by the

petitioner before the learned Magistrate and referred by the

learned Magistrate to the police under section 156(3) cr.P.C.

2. The crux of the allegations raised by the petitioner/

defacto complainant is that his brother, the first accused, along

with the second accused, his nephew, and the third accused, a

Notary Public, have forged a Power of Attorney under which the

petitioner is shown to have given authority for the first accused

to execute certain documents on his behalf. The petitioner came

to this Court complaining that no proper investigation is being

conducted. By Annex.II order the petitioner was directed to

approach the learned Magistrate. He approached the learned

Magistrate and Annexs.III and Annex.VI orders were passed by

the learned Magistrate.

Crl.M.C.No. 4197 of 2008
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3. The short grievance of the petitioner is that inspite of all these

steps, no proper investigation has been conducted by the second

respondent, S.I. of Police.

4. Notice was given to the learned Prosecutor. Statements have

been filed. I have been taken through the relevant documents.

5. I shall not embark on a detailed discussion on the

acceptability of the allegations or the details of the steps taken. Fact

remains that even today the original Power of Attorney, that is, the

allegedly forged document, has not been seized by the Investigating

Officer. A perusal of the records further reveal that no serious, pointed

or efficient efforts have been employed by the second respondent to

seize the original Power of Attorney, inspite of the directions issued

by the learned Magistrate in Annexs. II and VI orders. I am satisfied

that a proper investigation is not being conducted.

6. I do in these circumstances find merit in the request of the

petitioner that the investigation deserves to be handed over to a safer,

more competent and efficient hand.

Crl.M.C.No. 4197 of 2008
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7. This Crl.M.C. is allowed. It is directed that the first

respondent shall conduct the investigation personally into Crime

No.744 of 2007 and shall submit periodical reports every month to the

Magistrate concerned, the first of which shall be filed on or before

1.1.2009. The learned Magistrate shall monitor the investigation and

issue appropriate directions from time to time.

(R. BASANT)
Judge
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