IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Crl.MC.No. 3215 of 2008() ------------------------- CMP.2758/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY .................... PETITIONER(S): --------------- B/CHANDRAN, 55 YEARS, S/O.BALAKRISHNAN SHIVAGIRI ESTATE, THIRUNELLI PO., THIRUNELLI VILLAGE, MANANTHAVADY TALUK WAYANAD. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): --------------- 1. TOMY M.MATHEW, S/O.M.MATHEW, AGED 40 MANKUTHEL HOUSE, KIZHOOR AMSOM IRITTY PO., THALASSERY. 2. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, THIRUNELLY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. CIRCLE INSPECTOR OF POLICE, MANANTHAVADY, O/O.CIRCLE INSPECTOR OF POLICE MANANTHAVADY. 4. SUPERINTENDENT OF POLICE, KALPETTA, WAYANAD. PUBLIC PROSECUTOR SRI.S.U.NAZER SRI.GEORGE MECHERIL FOR R1 SRI.T.K.KUNHABDULLA FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/12/2008, ALONG WITH WPC NO. 30370 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3215 & W.P.C.No.30370 of 2008 ------------------------------------------------------------------- Dated this the 4th day of December 2008 O R D E R The petitioner along with six brothers and relatives had purchased an estate with a Bunglaw from the 4th respondent and his mother Lakshmi. Purchase was effected by executing different documents in the names of the petitioner and his brothers/relatives. According to the petitioner, 4th respondent and his mother had executed the documents and title and possession had passed from the 4th respondent/ his mother to the petitioner and his relatives. Such transfer allegedly took place in 2006. 2. The petitioner lodged a complaint about an incident which took place on 28/4/2008 in which allegedly the 4th respondent and certain others along with him had trespassed into the property and indulged in acts of violence. As the police did not promptly register a crime, a complaint was filed before the Superintendent of Police, Wayanad, (Ext.P6), which was forwarded to the local police and crime No.46/08 was registered on 30/4/2008. Investigation into that crime is in progress. The short grievance of the petitioner is that no proper investigation Crl.M.C.No.3215/08 & W.P.C.No.30370/08 2 is being conducted into that crime. The petitioner had earlier approached this court and this court by Ext.P15 directed the petitioner to approach the learned Magistrate and complain about such inadequate/insufficient investigation. The petitioner approached the learned Magistrate and the learned Magistrate has issued Exts.P17 and P22 orders. According to the petitioner, in spite of Exts.P17 and P22 orders, no proper investigation is being conducted. It is hence that the petitioner has come to this court with this W.P.C.No.30370/2008 for a direction to ensure that the investigation may be entrusted to the C.B.I. 3. The 4th respondent in W.P.C.No.30370/08 who is the first accused in crime No.46/08 has come to this court with Crl.M.C.No.3215/2008 with a prayer that the orders passed by the learned Magistrate under Section 156(3) Cr.P.C - that is Exts.P17 and P22 in W.P.C.No.30370/2008 may be quashed invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. 4. The State takes the stand that proper investigation is being conducted into crime No.46/08. Investigation has revealed the details of the accused persons involved in the crime. The Section of offences has been altered to include the offence under Crl.M.C.No.3215/08 & W.P.C.No.30370/08 3 Section 395 Cr.P.C. It is submitted that there is absolutely no necessity to entrust the investigation to any other agency. 5. I have considered all the relevant inputs. Exts.P17 and P22 have been gone into by me in detail. I shall carefully avoid a detailed discussion on the alleged specific inadequacies in the conduct of the investigation. Reading of Exts.P17 and P22 must eloquently convey that there is merit in the grievance of the petitioner in W.P.C.No.30370/2008 that a proper investigation is not being conducted by the investigating officer. The learned Public Prosecutor was directed to take instructions. The learned Public Prosecutor, after taking instructions, has submitted before this court that if this court were pleased to direct that the investigation must be conducted by any other agency, the Crime Branch CID, Kozhikode which holds jurisdiction over the district of Wayanad can be directed to conduct the investigation. There is no need at all to entrust the investigation to the C.B.I as requested by the petitioners, submits the learned Public Prosecutor. 6. Having considered all the relevant circumstances, I am satisfied that this is a case where proper investigation has not been conducted in spite of the directions issued by the Crl.M.C.No.3215/08 & W.P.C.No.30370/08 4 learned Magistrate under Section 156(3) Cr.P.C and in these circumstances the jurisdiction of this court under Section 482 Cr.P.C must be invoked to ensure that a proper and efficient investigation is conducted into crime No.46/08 of Thirunelli police station. Directions can accordingly be issued. 7. In Crl.M.C.No.3215/2008, the grievance of the petitioner therein (that is the 4th respondent in W.P.C.No.30370/2008) is against the specific direction to arrest Lakshmi, his mother. That contention has now become irrelevant in the light of the fact that the said Lakshmi was unfortunately expired during the pendency of the proceedings. The learned counsel for the petitioner continues to mount the challenge against Exts.P17 and P22 orders; but I am not persuaded to agree that the said orders passed by the learned Magistrate under Section 156(3) Cr.P.C do require or warrant any interference. 8. The learned counsel for the petitioner in Crl.M.C.No.3215/2008 submits that the petitioner has grievances about inadequate investigation in crime No.45/08 which has been registered at the instance of the 4th respondent who had filed a private complaint before the learned Magistrate Crl.M.C.No.3215/08 & W.P.C.No.30370/08 5 earlier. That private complaint was referred to the police and a crime was registered as crime No.45/08. The learned counsel contends that the subject matter which has to be enquired into in crime Nos.45/08 and 46/08 are so integrally connected. If crime No.46/08 were to be ordered to be investigated by another agency, the same agency may be directed to investigate into crime No.45/08, submits the learned counsel for the petitioner. 9. The learned counsel for the 4th respondent, that is the petitioner in Crl.M.C.No.3215/2008, makes a further grievance that yet another crime, that is crime No.114/08 has also been registered at the Thirunelli police station relating to an incident which had occurred in the Bungalow in question, after the death of the said Lakshmi. He prays that the said crime may also be directed to be investigated as to whether the belongings of a son of the said Lakshmi were available in the building or the same were taken away by the accused in that case. 10. I am, in these circumstances, satisfied that appropriate directions can be issued for the proper conduct of the investigation in crime Nos. 45/08, 46/08 and 114/08. Crl.M.C.No.3215/08 & W.P.C.No.30370/08 6 11. In the result, these petitions are allowed in part and the following directions are issued: i) Investigation into crime Nos.45/08, 46/08 and 114/08 of Thirunelli police station shall be taken over by the CBCID, Kozhikode forthwith. Investigation shall be conducted under the supervision of the Superintendent of Police, Crime Branch C.I.D, Kozhikode. ii) I expect the Superintendent of Police, Crime Branch C.I.D, Kozhikode to ensure that proper and efficient investigation is conducted expeditiously in all the three crimes and appropriate reports are filed before the learned Magistrate. iii) The learned Magistrate shall continue to oversee and monitor the investigation and issue appropriate directions from time to time. (R.BASANT, JUDGE) jsr Crl.M.C.No.3215/08 & W.P.C.No.30370/08 7 Heard all concerned. Call on 03/12/2008. 2. The learned Public Prosecutor shall produce the case diary. The learned Public Prosecutor shall take specific instructions as to whether the State has any objections in the investigating of this crime and connected crimes being handed over to a specialised agency preferably the Crime Branch. The petitioner apprehends arrest by the police in prosecution of Annexures C and E orders which is challenged in this Crl.M.C. His mother is no more and he, along with his wife and son, want Crl.M.C.No.3215/08 & W.P.C.No.30370/08 8 to attend the funeral. To facilitate that there may be a direction that they should not be arrested till 24/09/2008. 2. I am satisfied that the said request can be allowed. There shall be an interim direction that in pursuance of the impugned orders C and E, the petitioner, his wife Reema Chandran and son Manjunath shall not be arrested till 24/9/2008. Crl.M.C.No.3215/08 & W.P.C.No.30370/08 9 R.BASANT, J. Crl.M.A.Nos.912,913 & 934 of 2007 in Crl.M.C.Nos.2538,2537&1061 of 2000 ORDER 18/09/2008