IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 11776 of 2009(Q) -------------------------- PETITIONER:- ------------------ JOBIE S.KANDAKUDY, FORMER MANAGER, CATHOLIC SYRIAN BANK, KANJIRAPALLY (RESIDING AT KANDAKUDY HOUSE, KAINADY P.O., KOTTAYAM). BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. RESPONDENTS:- ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 3. SUPERINTENDENT OF POLICE, KOTTAYAM. 4. CIRCLE INSPECTOR OF POLICE, KANJIRAPALLY. 5. THE DIRECTOR, CENTRAL BEAUREAU OF INVESTIGATION, NEW DELHI. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R5. GOVT.PLEADER SRI.V.T.K.MOHANAN FOR R1 TO 4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11776 of 2009(Q) APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF THE COMPLAINT GIVEN TO THE S.I. OF POLICE KANJIRAPALLY POLICE STATION DTD.10.6.2008. P2: COPY OF THE FIR IN CRIME NO.257 OF 2008 OF THE KANJIRAPALLY POLICE STATION. P3: COPY OF THE REPRESENTATION GIVEN TO THE CHIEF MINISTER DTD.16.6.2008. P4: COPY OF THE COMMUNICATION RECEIVED FROM THE OFFICE OF THE CHIEF MINISTER. P5: COPY OF ORDER OF THE HONOURABLE SESSIONS COURT, IN CRL.MP.NO.1612/08 DTD.9.7.2008. P6: COPY OF THE LETTER ISSUED BY THE MLA, KANJIRAPALLY TO THE MINISTER OF HOME DTD.17.7.08. P7: COPY OF THE PROCEEDINGS OF KERALA LEGISLATIVE ASSEMBLY DTD. P8: COPY OF THE REPORT FILED BY THE JFCM-I, KANJIRAPALLY DTD.26.8.2008. P9: COPY OF THE OBJECTION FILED BY THE RESPONDENT NO.4 BEFORE THE JFCM-I, KANJIRAPALLY. P10: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENT NO.2 DTD.24.11.2008. P10(a): COPY OF THE ACKNOWLEDGEMENT IN RESPECT OF EXT.P10 REPRESENTATION. P11: COPY OF THE COMMUNICATION ISSUED BY RESPONDENT NO.2 DTD.16.1.09. RESPONDENTS' EXHIBITS:- NIL. ( TRUE COPY ) P.A. TO JUDGE. Kvs/- BHABANI PRASAD RAY, J. = = = = = = = = = = = = = WP(C).No.11776 of 2009-Q. = = = = = = = = = = = = = Dated this the 18th March, 2011. J U D G M E N T Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. It appears that even though there is misappropriation of more than Rs.61,00,000/-, the Investigating Officer has not properly investigated the matter. The learned counsel for the petitioner states that the petitioner is highly aggrieved on the slow progress of the case. In my view, this matter has to be investigated by the State Crime Branch which has the expertise and experience in the investigation of such type of cases. I therefore direct the Director General of Police to transfer the case to Crime Branch to do the investigation in this matter and to file a report as early as possible and report WP(C).No.11776/2009-Q. 2 compliance before this Court. Copy of this judgment shall be given to the learned Public Prosecutor for compliance. Writ petition is disposed of as above. BHABANI PRASAD RAY, (Judge) Kvs/-