LT. COL. JOHN PETERS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the de facto complainant in Crime No. 261 of 2011 of Thumba police station wherein the offences involved are under Section 420, 423 and 34 of Indian Penal Code. According to the petitioner, his father late Charlie Peters and petitioner's brother late Ferdinand Peters obtain 43.980 cents of land in Sy.No.2348/8-1 of Allipra village out of which he alienated about 20 cents and while so the said Ferdinand Peters died on 01.11.1988 leaving behind his mother Victoria Peters and his wife, who is the 4th respondent herein. Subsequently, according to the petitioner, the petitioners mother Victoria Peters died on 22.01.1994. According to the petitioner, since his brother died issue less, his mother got half share in the above said 23.980 cents. Since his mother Victoria Peters died, according to the petitioner, he also got right over his mother's share as well. There was another 20 cents of property owned by Victoria Peters his mother, which was adjacent to the above mentioned 23.980 cents. It is the further allegation of the petitioner that the 4th respondent who is the wife of his late brother and the 5th respondent is the petitioner's sister in the aid of the 8th respondent sold the above mentioned 23.980 cents as well as 20 cents owned by his mother Victoria Peters, to the 7th respondent as per sale deed No.3660/07 of Kazhakuttom SRO. According to the petitioner, the fact that he inherited the property of his late brother as well as his late mother, had been suppressed by the wife of his brother and his sister and thus sold the property to 7th respondent connected with the above and thus according to the petitioner, the accused has committed the offences punishable under Sections 420, 423 & 34 of IPC.

(2.) ACCORDING to the petitioner, he preferred a private complaint that C.M.P.No. 1167 of 2011 before the Judicial First Class Magistrate Court-II, Thiruvananthapuram which in turn transmitted to the Thumba police station under Section 156(3) of Cr.P.C wherein Crime No, 261 of 2011 was registered. The grievance of the petitioner is that the police is not conducting any effective and fruitful investigation. Therefore, he preferred the above writ petition praying inter alia to issue a writ of mandamus or any other appropriate writ order or direction commanding and compelling the third respondent to submit proper application before the second respondent with correct and true date of death of late Ferdinand Peters for the issuance of legal opinion and heirship certificate regarding the said Ferdinand Peters and direct the third respondent to complete the investigation.

(3.) THE state has filed a statement dated 17.07.2013 whereby it is stated that the investigation in the above crime is undergoing smoothly and the Sub Inspector of Police has already filed a report before the Tahsildar, Thiruvananthapuram for obtaining heirship certificate and expert opinion on 15.01.2012 and remainder was send on 26.04.2013 but the reply is not received so far.