IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 2370 of 2011(U) ------------------------- PETITIONER(S): ----------------------- REV.P.GNANADAS, BOARD SECRETARY, CHURCH OF GOD IN SOUTH INDIA (SOUTH ZONE) RESIDING AT JESUS BHAVAN, MANAVARI DESOM, ANAVOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM (RURAL). 3. SUB-INSPECTOR OF POLICE, VELLARADA POLICE STATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. PUSHPALATHA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kp THOMAS P.JOSEPH, J. ==================================== W.P(C) No.2370 of 2011 ==================================== Dated this the 09th day of March, 2011 J U D G M E N T This petition is for further investigation in Crime No.606 of 2005 of Vellarada Police Station concerning (alleged) commission of offences punishable under Sections 419 and 420 of the Indian Penal Code. According to the petitioner, property belonging to the Church of God in South India was fraudulently transferred as per Ext.P2, by a person called Thomas. A case was registered on 18.10.2005 but there was no progress in the investigation. Petitioner approached this Court in W.P(C) No.6562 of 2007. In the course of hearing of that Writ Petition a submission was made by the Public Prosecutor that investigation is complete and a final report is filed in the court of learned Magistrate. In the light of that submission the Writ Petition was disposed of by Ext.P5, judgment dated 23.07.2007 observing that petitioner can approach learned Magistrate and raise objection to the final report (if it is adverse to the petitioner). Grievance of petitioner is that no such final report was filed in court as submitted but the report submitted was Ext.P6 where it is stated that since it was not so easy to trace out W.P(C) No.2370 of 2011 -: 2 :- Thomas, alleged executant of Ext.P2, the case has to be included in the list of undetected cases and a report to that effect is being submitted to the superior Officer. It is in that situation that petitioner has approached this Court seeking further investigation of the case by some other agency. 2. This Court directed the Sub Inspector, Vellarada to file an affidavit as to what steps have been taken after 03.07.2006 (date of Ext.P6). The Sub Inspector has chosen to file a statement (and not an affidavit. However I am not pursuing that matter in this proceeding). 3. In the statement the present incumbent in the office of Sub Inspector of Police, Vellarada has stated that he took charge as SHO Vellarada on 02.02.2010 and verified the CD file concerning Crime No.606 of 2005. It was noticed that Thomas, accused in the case could not be traced and investigation of the case was not completed. In order to reopen the case the Sub Inspector has conducted an investigation to trace out the said Thomas. He has sent request letters to the Board Manager, Church of God in South India for the details of the property and minutes of the Board Committee in the matter. He has also sought details from the Sub Registrar, Kunnathukal about the sale W.P(C) No.2370 of 2011 -: 3 :- deed and finger expert to identify the thump impression in the sale deed. 4. It would appear that no fruitful investigation has been conducted by the Officer prior to the present Officer took charge on 02.02.2010. Even after 02.02.2010 much time has passed by. But investigation remains at the very place where the case was registered. Learned counsel for petitioner submits that address of the accused is given in Ext.P2, sale deed itself. That address according to the petitioner, is correct. Having regard to the circumstances stated I consider it appropriate that investigation is conducted by an Officer senior in rank to the Sub Inspector, Vellarada Police Station. In the circumstances Writ Petition is disposed of in the following lines: It is directed that investigation of Crime No.606 of 2005 of Vellarada police shall be conducted by an Officer senior in rank to the Sub Inspector, Vellarada Police Station having jurisdiction over the area where the incident has occurred as W.P(C) No.2370 of 2011 -: 4 :- may be appointed by the Additional Director General of Police, Crimes. Necessary orders in that regard shall be passed by the ADGP, Crimes within two weeks from the date of receipt of a copy of this judgment which shall be made available by the petitioner. THOMAS P. JOSEPH, JUDGE. vsv