ALAPPUZHA ANANTHANARAYANAPURAM THURAVUR Vs. B SOMAKUMAR BHAT

JUDGEMENT

(1.) PETITIONER is the 'Adhikari' of Alappuzha Ananthanarayanapuram Thuravur Thirumala Devaswom (for short, "the Devaswom"). Theft occurred in a temple under the Devaswom between 15.03.2010 and 15.04.2010. It is alleged that about 45 gms of gold ornaments worn by the Deity was subjected to theft. The Kuthiathodu police registered Crime No.175 of 2010 on 25.04.2010 and started investigation. First and the second respondents are stated to be involved in the alleged incident. Grievance of petitioner is that the Kuthiathodu police is not investigating the case properly and that apart from the fact that the case is not properly investigated non-investigation affected sentiments of the devotees. Hence this petition praying that the 4th respondent may be directed to expedite investigation of Crime No.175 of 2010 and grant such other reliefs as are found fit. Learned counsel submitted that a Temple Theft Investigation Special Team (for short, "the Special Team") has been constituted by the Director General of Police as per Executive Directive No.12 of 2009 and as per that Directive the theft involved in this case ought to have been investigated by the Special Team. I have heard the learned Public Prosecutor also.

(2.) LEARNED Public Prosecutor submitted that in the light of directions in the Executive Directive since value of gold ornaments involved in this case is less than Rs.1,00,000/- it is not absolutely necessary that the case is to be investigated by the Special Team and it is within the discretionary power of the Assistant Director General of Police, Crimes if circumstances warranted to transfer investigation of the case to the Special Team.