IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).NO. 2357 OF 2011(T) ---------------------------------------- PETITIONER(S): ---------------------- ALAPPUZHA ANANTHANARAYANAPURAM THURAVUR THIRUMALA DEVASWOM,ADHIKARA DEPARTMENT, THIRUMALA BHAGOM.P.O,REPRESENTED BY ITS ADHIKARI-KRISHNA VADHYAR. BY ADV. SRI.V.L.SHENOY SRI.L.JAYAWANTH RESPONDENT(S): ------------------------- 1. B.SOMAKUMAR BHAT,S/O.GOVINDA VADHYAR, SANMITHRA BHAVAN,THIRUMALA BHAGAM.P.O, THURAVUR,PIN-688 538. 2. PURUSHOTHAMA VADHYAR,S/O.GIRI VADHYAR, KOTTANATTU MADATHIL,WARD NO.II,KUTHIATHODU, PANCHAYATH,THIRUMALA BHAGAM.P.O,PIN-688 538. 3. STATE OF KERALA,REPRESENTED BY DISTRICT SUPERINTENDENT OF POLICE,ALAPPUZHA-688 001. 4. SUB INSPECTOR OF POLICE,KUTHIATHODU POLICE STATION,KUTHIATHODU-688 537. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.2357 of 2011 ==================================== Dated this the 04th day of February, 2011 J U D G M E N T Petitioner is the 'Adhikari' of Alappuzha Ananthanarayanapuram Thuravur Thirumala Devaswom (for short, “the Devaswom”). Theft occurred in a temple under the Devaswom between 15.03.2010 and 15.04.2010. It is alleged that about 45 gms of gold ornaments worn by the Deity was subjected to theft. The Kuthiathodu police registered Crime No.175 of 2010 on 25.04.2010 and started investigation. First and the second respondents are stated to be involved in the alleged incident. Grievance of petitioner is that the Kuthiathodu police is not investigating the case properly and that apart from the fact that the case is not properly investigated non-investigation affected sentiments of the devotees. Hence this petition praying that the 4th respondent may be directed to expedite investigation of Crime No.175 of 2010 and grant such other reliefs as are found fit. Learned counsel submitted that a Temple Theft Investigation Special Team (for short, “the Special Team”) has been constituted by the Director General of Police as per Executive Directive No.12 W.P(C) No.2357 of 2011 -: 2 :- of 2009 and as per that Directive the theft involved in this case ought to have been investigated by the Special Team. I have heard the learned Public Prosecutor also. 2. Learned Public Prosecutor submitted that in the light of directions in the Executive Directive since value of gold ornaments involved in this case is less than Rs.1,00,000/- it is not absolutely necessary that the case is to be investigated by the Special Team and it is within the discretionary power of the Assistant Director General of Police, Crimes if circumstances warranted to transfer investigation of the case to the Special Team. 3. I was given a copy of the Executive Directive. That Directive states that temple thefts (instances occurred after 24.08.2009) in which value of the property lost is above Rupees One lakh will be taken over by the Special Team within two days of registration of the FIR if there is no clear indication regarding the accused and in other cases investigation will be taken over at the discretion of the ADGP, Crimes where the case is connected to others under investigation by the Special Team or otherwise relevant. 4. Though petitioner has not made a specific request for W.P(C) No.2357 of 2011 -: 3 :- handing over investigation to the Special Team, since he has requested for other appropriate reliefs also and considering submission made by the learned Public Prosecutor I am inclined to direct the ADGP, Crimes to consider whether this case could be investigated by the Special Team. Resultantly, this Criminal Miscellaneous Case is disposed of directing the ADGP, Crimes to consider within two weeks from the date of receipt of a copy of this judgment whether the theft involved in this case could be investigated by the Special Team and if so hand over investigation to the Special Team. Petitioner is directed to make available a copy of this judgment before the ADGP, Crimes for necessary action. THOMAS P. JOSEPH, JUDGE. vsv