ISACC VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Instant writ petition has been filed with the prayers to issue a writ of mandamus or any other writ order or direction, commanding the 2nd respondent, viz., State Police Chief, Police Headquarters, Thiruvananthapuram, to take action on Exhibit-P3 representation dated 28.05.2021 submitted by the petitioner, seeking effective investigation in Crime No.146/2021 of Kodakara Police Station, and to entrust the investigation to Crime Branch or constitute a Special Investigation Team (SIT), under the supervision of an officer, not below the rank of ADGP.

(2.) Short facts leading to the filing of the writ petition are, Crime No.146/2021 was registered on the file of Kodakara Police Station under Section 395 of the IPC, in connection with robbery of hawala money, alleged to have been transported from Kozhikode to Kochi, which was meant for election campaigning of a national party in the Kerala Legislative Assembly elections. The crime was registered on the basis of a statement given by one Mr. Shamjeer (the de facto complainant), who was the driver of the car, used for the alleged commission of offence. The crux of the prosecution case is that on 3.4.2021, about 4.40 a.m., while the de facto complainant and his friend were travelling in an Ertiga Car, they were waylaid and attacked by a gang, on the Kodakara Flyover, and took away Rs.25 lakhs, including the car. The injured in the above incident has stated to the police that the amount was entrusted by one Mr. Dharmarajan of Kozhikode.

(3.) Petitioner has further stated that the investigation conducted by the police discloses that the actual amount was more than Rs.25 lakhs and it was a hawala transaction. An amount of Rs.1 Crore and gold ornaments worth Rs.5 lakhs were already recovered by the police from the accused. It is reported that the actual amount could be Rs.3.50 Crores and the money was meant for BJP Assembly Election Campaigning. While the initial complaint was of theft of Rs.25 lakhs, there are allegations that the car was actually carrying cash worth crores of rupees.