IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3791 of 2007()
1. K. SANKARA MENON ALIAS K.S.MENON,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. PUBLIC PROSECUTOR,
For Petitioner :SRI.KASHA K.MALAYAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/01/2008
O R D E R
V. RAMKUMAR , J.
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CRL.M.C. No. 3791 of 2007
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Dated this the 23rd day of January, 2008.
ORDER
In this petition filed under Section 482 Cr.P.C., the petitioner,
who is an advocate by profession seeks the 1st respondent, the Sub
Inspector of Police, Ernakulam Town North Police Station to comply
with the directions contained in Annexure A to C orders passed by the
Judicial First Class Magistrate-I, Ernakulam directing him to conduct
further investigation in the case.
2. On the complaint lodged by the petitioner before the
Ernakulam Town North Police Station an FIR was registered as Crime
No. 165/2005 for offences punishable under Sections 381, 406, 420,
468 and 471 IPC. The petitioner’s case is that his former driver by
name Jomon had betrayed the confidence reposed on him by misusing
the cheque leaves from the cheque book entrusted to him by the
petitioner.
3. Even though the Sub Inspector charge sheeted the said
Jomon, his accomplice one Girish was not charge sheeted and neither
the money misappropriated by the driver nor the jewels and other
movables purchased with this money so misappropriated, were seized
by the Sub Inspector. It was under these circumstances that the
CRL. M.C. No. 3791/2007 : 2:
petitioner prayed for further investigation of the case and
notwithstanding the three orders passed by the learned Magistrate the
1st respondent have been insensitive to the valid directions issued by
the Magistrate. Hence, this petition.
4. Having regard to the tardy nature of the investigation
conducted by the 1st respondent who has demonstrated his lethargy in
the matter, I am of the view that the investigation should be entrusted
with a higher level officer. Accordingly, the investigation in crime No.
165/2005 of Town North Police Station, Ernakulam shall be taken over
by the Circle Inspector of Police, Town North Police Station, Ernakulam
forthwith. He shall commence the investigation without any further
delay and complete the same expeditiously and at any rate within two
months of commencement of the investigation.
This Crl. M.C is disposed of as above.
Issue copy to the Public Prosecutor.
V. RAMKUMAR, JUDGE.
rv
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