IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 12086 of 2010(Q) -------------------------- PETITIONER(S): --------------- MARWAN ASKAR,S/O.ISMAIL,AGED 45 YEARS, SYRIAN NATIONAL HOLDING PASSPORT NO.0015411109 OF SYRIAN ARAB REPUBLIC,MANAGING DIRECTOR,DIGITAL LINE TRADING LLC.P.B.NO.111611,DUBAI,UAE,THROUGH P.A.HOLDER QASSIM KHAN ABDUL KHADER,AGED 36 YEARS,K.K.STORE, OPP.SANKAR CAFE,D.J.HALL,MAIN ROAD,BANGALORE-45. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL SRI.K.NOORUDHEEN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY,(HOME DEPARTMENT),THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, KERALA, THIRUVANANTHAPURAM. 3. INSPECTOR GENERAL OF POLICE, TRICHUR RANGE, P.O.TRICHUR. 4. SUPERINTENDENT OF POLICE, MALAPPURAM. 5. INSPECTOR OF POLICE, POLICE CIRCLE, PONNANI. 6. ARAKKAL MUHAMMED HANEEFA, S/O.MUHAMMED, AGED 40 YEARS, PASSPORT NO. E.3821488 ISSUED AT KOZHIKODE, DT.11/12/2002, ARAKKAL VALAPPIL HOUSE, NEAR PONNANI KINAR BUS STOP, PONNANI. GOVERNMENT PLEADER MR.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- W.P(C). No. 12086 OF 2010 -------------------------------------- Dated this the 17th day of June, 2010 JUDGMENT Petitioner, who is a Syrian National has filed this writ petition to entrust the investigation of Crime No.405/2009 of Ponnani Police Station to the Crime Branch Police. The above crime was registered on the basis of an oral statement given by the Power of Attorney holder of the petitioner before the Station House Officer, Ponnani Police Station to the effect that the accused, Arakkal Muhanned Haneefa of Ponnani (6th respondent herein) holder of Indian Passport No.E 3821488, while employed as a Sales Manager of Digital Line Trading Company, Dubai, had cheated the said company for UAE Dirhams 3,37,117 approximately equivalent to Rs.47, 20, 000/- and had stealthily escaped to India. 2. The Deputy Superintendent of Police ,Tirur has filed a statement to the effect that the means of the accused, how he spent the money, the partners of the accused who are in Dubai, Power of Attorney of the company, questioning of the de facto complainant who is at Dubai under Section 166A Cr.P.C, seizure of documents of both the companies and such W.P(C). No. 12086 OF 2010 : 2 : other steps are required to be done. But strangely enough, in para 7 of the statement the officer admits that on 1.4.2010 as directed by him, the accused came before him and produced his passport which on verification revealed that it was the same passport which was used by the accused to come out of Dubai to India and that it was issued from the Passport office, Kozhikkode and the same was released to the accused on kychit. When the case of the complainant itself is that, after cheating them for a sum of approximately Rs.47,20,000/-, the accused had slipped out of Dubai and had taken refuge in India and the Investigating Officer was convinced that it was by making the use of the passport produced by the accused before him on 1.4.2010 that he had slipped out of Dubai, it is not known as to why the accused was not arrested but instead his passport was returned to the accused on kychit, thereby to facilitate the accused to elude his apprehension by the police. The future plans of the officer is to undertake a journey to Duabi for the purpose of fact seizure, questioning the complainant and questioning the partners of the accused etc. I do not think that any worthwhile investigation has been W.P(C). No. 12086 OF 2010 : 3 : conducted in this case. Truth will definitely continue to elude the complainant if the investigation conducted is of the nature mentioned in the statement. Accordingly, the investigation of this case shall be transferred by the 2nd respondent to the Crime Branch Police for a purposeful and impartial investigation. The investigation files shall be immediately hand over to the 2nd respondent for entrusting the investigation to the Crime Branch Police. V.RAMKUMAR, JUDGE dmb