IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Crl.MC.No. 48 of 2008() ----------------------- CRIME NO.18 OF 2007 OF THE ERNAKULAM TOWN SOUTH POLICE STATION PETITIONER: ---------------- S.SELVARAJ, AGED 41 YEARS, S/O.SUBBAIAH, RESIDING AT THATTETHARA HOUSE, B.NO.28/2417, CHILAVANNOOR, ERNAKULAM. BY ADV. SRI.T.RAVIKUMAR RESPONDENTS: ---------------------- 1. STATE OF EKRALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA (CRIME NO.18 OF 2007, E.T.SOUTH POLICE STATION). 2. THE SUPERINTENDENT OF POLICE, CRIME BRANCH, ERNAKULAM. 3. MR.D.JAYAKUMAR, S/O.DANUSHKODI, THATTEKKADU ROAD, HOUSE NO. 8/116, NETTOOR, ERNAKULAM, PERMANENTLY RESIDING AT C/O.T.SUNDARESAN, 35/4, NETHAJI STREET, IYYAPPAN NAGAR, TRICHY-620 021. 4. MR.J.PAUL PRADEEP KUMAR, S/O.JAGADEESH KUMAR, BROTHER-IN-LAW OF D.JAYAKUMAR, THATTEKKADU ROAD, HOUSE NO.8/116, NETTOOR, ERNAKULAM, PERMANENTLY RESIDING AT 83, D.NAGAL NAGAR, BODINAYAKKAN PATTI, TELC QUARTERS, DINDIGUL. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.48 of 2008 = = = = = = = = = = = = = = 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 2 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 3 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