IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 48 of 2008()
1. S.SELVARAJ, AGED 41 YEARS,
... Petitioner
Vs
1. STATE OF EKRALA, REP. BY THE
... Respondent
2. THE SUPERINTENDENT OF POLICE,
3. MR.D.JAYAKUMAR, S/O.DANUSHKODI,
4. MR.J.PAUL PRADEEP KUMAR,
For Petitioner :SRI.T.RAVIKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :04/01/2008
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.48 of 2008
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Dated this the 4th day of January, 2008
ORDER
In this petition filed under Section 482 Cr.P.C, the
petitioner who is the de facto complainant in Crime No.181/2007
of Ernakulam Town South Police Station registered for offences
punishable under Sections 193,209,380,465,468,471 and 420
read with 120B IPC seeks a direction that the further
investigation be entrusted with the Crime Branch of Police or
with any other agency other than the local Police.
2. According to the petitioner, on 16.12.06, the two
accused persons and their accomplices, pursuant to the criminal
conspiracy hatched by them, stole from the house of the
petitioner his letter heads, cheque leaves etc. and created false
documents by forging his signatures and using such false
documents as genuine produced those as exhibits before the
court at Thotthukudy.
3. On 16.12.06, at about 11 p.m., respondents 3 and 4
along with their henchmen trespassed into the house of the
petitioner at a time when he was away and threatened and
Crl.M.C.No.48 of 2007
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intimidated his family members with dire consequences in case
they did not accede to their demand to withdraw all the
complaints before the Police station. They threatened that they
were in possession of valuable documents such as cheque leaves,
letter heads etc, which shall be mis utilised against the
petitioner. The petitioner filed a complaint before the
Ernakulam Town South Police Station on 21.12.06. Since the
police did not register any crime, the petitioner filed M.P
No.100/2007 before the Additional Chief Judicial Magistrate,
Ernakulam on 4.01.07. The said complaint was forwarded to the
Ernakulam Town South Police Station under Section 156(3)
Cr.P.C. Accordingly, Crime No.18/2007 was registered by the
Ernakulam Town South Police on 10.01.07. Thereafter the
accused persons obtained anticipatory bail from the Sessions
Court, Ernakulam. Even though the petitioner filed an
application for cancellation of the bail but he could not succeed.
According to the petitioner, since the S.H.O. of the Ernakulam
Town South Police Station was influenced by the accused, the
police finally filed a refer report under Section 169 Cr.P.C. Even
though the learned Magistrate, before whom the refer report
Crl.M.C.No.48 of 2007
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was filed, did not accept the same and has ordered further
investigation, the petitioner apprehends that there would be no
proper investigation carried out by the Ernakulam Town South
Police Station. Hence this petition.
4. Having regard to the prosecution and fate of the case so
far there does not appear to be any good ground to entrust the
further investigation with the very same Police who conducted
the investigation earlier. They were initially reluctant even to
register a crime and start the investigation and it was only after
an intervention by the Magistrate that the case came to be
registered. Subsequently, it has culminated in a refer report.
Hence no useful purpose will be served by the same police
conducting further investigation. Accordingly, the further
investigation of the case is entrusted to the crime branch police
which shall immediately swing into action and do the needful
towards the filing of a final report expeditiously after conducting
a proper and expeditious investigation.
V. RAMKUMAR, JUDGE
sj