IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Crl.MC.No. 2440 of 2009() ------------------------------------ CMP.364/2009 of ADDL. CHIEF JUDL.MAGISTRATE COURT, ERNAKULAM .................... PETITIONER/DEFACTO COMPLAINANT -------------------------------------------------------- DR.P. SAMUEL GEORGE, S/O.SAMUEL, AGED 64 YEARS, PEEDIYAKKAL HOUSE,INDUSTRIAL NAGAR.P.O, CHANGANASSERY,KOTTAYAM DISTRICT. BY ADV. MR.C.P.PEETHAMBARAN RESPONDENTS/STATE AND ACCUSED ------------------------------------------------------- 1. THE STATION HOUSE OFFICER,PANANGAD POLICE STATION,ERNAKULAM,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA. 3. THE SUPERINTENDENT OF POLICE, C.B.,C.I.D, ERNAKULAM. 4. SOBBY MATHEW,AGED 40 YEARS, S/O.N.M.MATHEW,NADAKKAL HOUSE,PONKUNNAM KARA, CHIRAKKADAVU VILLAGE,KANJIRAPPALLY,KOTTAYAM DISTRICT. 5. DR.V.S.SUDHAKARAN NAIR,AGED 45 YEARS, S/O.M.P.VELAPPAN NAIR, SUMATHI NIVAS, SARKARA, CHIRAYINKEEZHU,THIRUVANANTHAPURAM, (MANAGING DIRECTOR, M/S.SEA LAP SHIMMERS BEACH RESORTS(P)LTD. BEACH ROAD, ALAPPUZHA). R1 TO R3 BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2440 of 2009 -------------------------- ORDER Petitioner, the defacto complainant in Crime No. 187/2009 of Panangad Police station, filed this petition under Section 482 of Code of Criminal Procedure for a direction to hand over the investigation to the third respondent, the Superintendent of Police, CBCID, Ernakulam. Case of the petitioner is that respondents 4 and 5 approached petitioner and promised to arrange Rupees One hundred and fifty crores from Singapore and fifth respondent is a Doctor, who is running a clinic at Singapore and he expressed his willingness to associate with the hotel project of the petitioner and as persuaded by respondents 4 and 5, petitioner agreed to participate and deposit Rupees One crore for availing a loan of Rupees One hundred and fifty crores in the name of M/s.Horaizon India (P) Ltd., an associate firm of the fifth respondent and petitioner transferred Rupees One crore from his NRI SB account maintained in South CRMC 2440/09 2 Indian Bank, Vyttila Branch and the amount was withdrawn by the fifth respondent. But, thereafter, he kept aloof and on enquiry, it was made known that the Managing Director of Horaizon Agencies by name Radhakrishnan is a fictitious person and fifth respondent forged several documents to open an account in the name of Horaizon Agencies in which Radhakrishnan is shown as Managing Partner and petitioner approached Inspector General of Police, Ernakulam and on his direction, petitioner approached Assistant Commissioner of Police, Kochi City and as there was no proper investigation, petitioner filed a complaint before Additional Chief Judicial Magistrate's Court, Ernakulam, which was sent to the police for investigation under Section 156(3) of Code of Criminal Procedure, based on which Annexure-A2 FIR was registered. It is contended that the case is not being investigated and Assistant Commissioner of Police, Kochi City was transferred to Thrikkakara and investigation is done within his jurisdiction and in such circumstances, investigation of the case is to be transferred. CRMC 2440/09 3 2. Petitioner, on his own, did not approach the superior officers like the third respondent or the Director General of Police raising any complaint against Assistant Commissioner of Police. If the case of the petitioner is that investigation of the case is to be handed over to the third respondent, as held by the Apex Court in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724), petitioner has to approach the concerned Magistrate for appropriate direction with regard to the investigation. Without approaching the Magistrate, petitioner is not entitled to approach this Court. With liberty to approach the concerned Magistrate, petition is dismissed. 11th August, 2009 (M.Sasidharan Nambiar, Judge) tkv