IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 Crl.MC.No. 1548 of 2011() ------------------------- CC.25/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... (CRIME NO.159/2007 OF KASABA POLICE STATION, KOZHIKODE) ....... PETITIONER(S): ACCUSED NO.3: ------------------------------------------------- T.SURENDRAN, S/O.RAVUNNI NAIR, THARAYIL HOUSE, MUTHOOR, TIRUR, MALAPPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR, SMT.M.T.SHEEBA, SRI.P.A.RAJESH, SRI.K.RAKESH. RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE DETECTIVE INSPECTOR, C.B.C.I.D. (EOW III), KOZHIKODE-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN-680 031. 2. THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE, PIN-673 301. 3. E.P.GEORGE, S/O.A.V.POULOSE, EDASSERY HOUSE, CHEVAYOOR, KOZHIKODE, PIN-673 017. R1 & R2 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1548 of 2011 -------------------------------------- Dated this the 9th day of June, 2011. ORDER Petitioner is the third accused in C.C.No.25 of 2008 of the court of learned Chief Judicial Magistrate, Kozhikode arising from the final report submitted by the Sub Inspector, Kasba Police Station in Crime No.159 of 2007 for offence punishable under Section 420 read with Section 34 of the Indian Penal Code. Case is registered on the complaint of third respondent. He alleged that during 2003 he came across an advertisement of Golden Bankers, approached petitioner who was its General Manager and at the instigation of accused 1 and 2, he deposited `.1,95,000/- on the promise that he would be appointed as manager of the branch, it was not so done, nor the amount returned and thus petitioner and others committed offences as above stated. It would appear that several other complaints were also made against petitioner and others in Malappuram, Palakkad and Kozhikode Districts. As per Annexure-B, judgment dated September 13, 2006 in W.P.(C) No.22341 of 2006 this Court ordered that since the complaints are being enquired by the local Police in different places and considering the likely handicap of Police to enquire into the matter, that CBCID, Palakkad shall investigate all cases registered in various Police Stations in various Districts. It was also directed that the Superintendent of Police, CBCID, Palakkad shall ensure that there is effective investigation of all the cases. Accordingly all the cases (except Crime No.159 of 2007 of Kasba Police Crl.MC No.1548/2011 2 Station) were transferred to the CBCID, Palakkad. I am told that in those cases final reports are not so far filed. Crime No.159 of 2007 of Kasba Police Station however, was not transferred to the CBCID, Palakkad due to some mistake or inadvertence and it continued with Kasba Police, Kozhikode who submitted final report before learned Chief Judicial Magistrate based on which C.C.No.25 of 2008 is filed. Learned counsel for petitioner submits that submission of final report by the Kasba Police is in violation of Annexure-B, judgment passed this Court. It is pointed out that in all other cases the Investigating Agency proposed to make petitioner an approver while in Crime No.159 of 2007 petitioner is implicated as third accused which has caused an anomalous situation. Learned counsel therefore, prayed that cognizance taken on the final report in Crime No.159 of 2007 may be set aside and the case may be transferred to the CBCID, Economic Offences Wing-III, Kozhikode which is now dealing with all other cases which hither to were investigated by the CBCID, Palakkad. 2. Learned Public Prosecutor submitted that there was a division of CBCID, Palakkad as per which CBCID, Economic Offences Wing-III, Kozhikode was formed and all other cases referred above are now being investigated by the CBCID, Economic Offences Wing-III, Kozhikode. It is submitted that in all other cases the Investigating Officer has filed petitions to make petitioner an approver. Accused 1 and 2 in Crime No.159 of 2007 are absconding. Only the petitioner is before learned Chief Judicial Magistrate. Crl.MC No.1548/2011 3 3. Annexure-B directed that all the cases (including Crime No.159 of 2007 of Kasba Police Station) shall be investigated by the CBCID, Palakkad. Now on account of division of work all the cases except Crime No.159 of 2007 are investigated by the CBCID, Economic Offences Wing-III, Kozhikode. If that be so, as per Annexure-B, judgment Crime No.159 of 2007 of Kasba Police Station also should have been investigated by the CBCID, Economic Offences Wing-III, Kozhikode. As learned counsel pointed out, there might arise practical difficulty in that in all other cases petitioner is sought to be made an approver while in Crime No.159 of 2007 he is arrayed as the third accused. In the circumstances I am inclined to think that compliance with Annexure-B, judgment has to be ensured. For the said purpose cognizance taken by learned Chief Judicial Magistrate in C.C. No.25 of 2008 has to be set aside and Crime case has to be made over to CBCID, Economic Offences Wing-III, Kozhikode for further investigation. Resultantly this Criminal Miscellaneous Case is allowed in the following lines: i. Cognizance taken by learned Chief Judicial Magistrate, Kozhikode in C.C.No.25 of 2008 is set aside. Crl.MC No.1548/2011 4 ii. The Sub Inspector, Kasba Police Station is directed to transfer Crime No.159 of 2007 of that Station along with entire records including final report to the Superintendent of Police, CBCID, Economic Offences Wing-III, Kozhikode immediately. iii. The Superintendent of Police, CBCID, Economic Offences Wing- III, Kozhikode shall investigate Crime No.159 of 2007 (being transferred to him by the Sub Inspector, Kasba Police Station) as provided under law and submit final report before the appropriate court. THOMAS P.JOSEPH, Judge. cks