SARITHA JOSE Vs. STATE POLICE CHIEF POLICE HEADQUARTERS

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking proper investigation in Crime No.303/2014 of Palluruthy Police Station under Article 226 of the Constitution of India.

(2.) IT is alleged in the petition that the petitioner is represented by her power of attorney holder and the grievance of the petitioner is in respect of the arbitrary action taken by respondents 3 and 4 in not conducting proper investigation in Crime No.303/2014 of Palluruthy police station registered against respondents 5 to 13. The petitioner had purchased 25 cents of property and a residential building therein in Sy.No.67/2,3,4 of Edakochi village as per Sale Deed No.896/09 dated 19.3.2009 after getting a housing loan from the 7th respondent. When the loan amount was defaulted, the bank initiated proceedings and without complying with the statutory provisions of the SARFAESI Act, they sold the property and the residential building therein in favour of respondents 5 and 6 and regarding the same, petitioner filed S.A.No.530/2012 before the Debt Recovery Tribunal, Ernakulam. As per the order in I.A.No.1779/2012 dated 27.6.2012, the Debt Recovery Tribunal ordered status quo and she challenged the sale proceedings which is duly informed to all concerned parties including the Sub Registrar's Office, Kochi and that case is pending. The 7th respondent fraudulently sold the property in favour of the 5th respondent on 20.6.2012 as per Sale Deed No.2940/12 of SRO Kochi without complying the legal formalities with dishonest intention. During the pendency of the status quo order, respondents 5 and 6 sold major extent of the above said property to respondents 8 to 13 by various Sale Deed Nos.4416/13, 4417/13, 4418/13 and 4419/13 of SRO Kochi dated 11.11.2013 in favour of respondents 8, 9, 10 and 12 respectively. On 21.12.2013 they have sold the balance extent in favour of respondents 11 and 13 as per Sale Deed Nos. 5021/13 and 5020/13 of SRO Kochi. So the petitioner filed Crl.M.P.No.1148/14 before the Judicial First Class Magistrate Court -II, Kochi against respondents 5 to 13 and it was forwarded to the police for investigation by the learned Magistrate under Section 156(3) of the Code. On that basis Ext.P3 First Information Report was registered as Crime against respondents 5 to 13 alleging offences under Sections 427, 465, 468, 471 506(i) and 34 of the Indian Penal Code. The investigating officer had not properly conducted the investigation. The petitioner filed Ext.P4 complaint and that was not properly considered. So the petitioner has no other remedy except to approach this Court seeking the following reliefs: i. To issue writ of mandamus and other appropriate writ, order or direction commanding the 1st respondent to conduct a confidence investigation of Ext.P3 Crime No.303/2014 of Palluruthy police station through a Higher police Officials and to book the culprits involved in the commission of offence as per Ext.P3 and to file Final Report within a stipulated time as directed by this Hon'ble Court. ii. To issue writ of mandamus and other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Ext.P4 within a stipulated time as directed by this Hon'ble Court and to conduct confidence investigation of Ext.P3 Crime No.303/2014 of Palluruthy police station through a Higher Police Official and to book the culprits involved in the commission of offence as per Ext.P3 provided under the Code of Criminal Procedure and to file Final Report without referring the crime by the 4th respondent. iii. To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(3.) ON the basis of the allegations in the writ petition, as directed by this Court, the Sub Inspector of Police, Palluruthy has filed a statement which reads as follows: "It is humbly submit that, the petitioner in this writ petition has possessed an extent of 10.10 Ares of land and a building in Survey No.67/2,3 and 4 in Edakochi Village and she had given power of attorney to one Murali Menon on 5.6.2012 to look after the affairs of the above property and also to move any court of law to settle any matters with regard to the above property. On 12.3.2014 a case as Crime No.303/13 U/s. 420,120(b), 427, 465, 468, 471, 506(i) & 34 IPC has been registered at Palluruthy police station in connection with a petition filed before the Hon'ble JFCMC -II, Kochi by the aforesaid Murali Menon. In this case it is alleged that on 19.3.2009, Mrs. Saritha Jose, the petitioner in this writ petition availed a loan from Syndicate Bank, Ernakulam and purchased 10.10 Ares of land and a building at Edackochi village. Later due to the non repayment of the loan, the bank conducted the sale of the above property to two persons, without observing all the legal formalities. Hence the petitioner filed petition before the Debt Recovery Tribunal against the illegal act of the bank as SA.530/12 and while considering the case, the Court issued orders to maintain status quo vide order No.IA 177912 dated 27.6.2012. But without considering the court order, the above two purchasers of the land sold the property in question to six others with the support of the bank manager. Soon after the registration of the above case. Sri. M.K. Pankajakshan Nair, SI of Police, Palluruthy police station took up the investigation of the case on 13.3.2014. He had conducted enquiries at DRT, Bank, Sub Registrar Office etc and learnt that the dispute between the parties in this case is now under the consideration of Debt Recovery Tribunal as SA 530/12. From the investigation conducted at the Registrar Office, it is learnt that the copy of the order IA.1779/12 of the DRT not received at the office from the court or petitioner so far. The owner of the property Mrs. Saritha Jose not questioned to the case since she settled in U.K. In this case no offence other than the violation of the DRT order could be revealed so far. In this behalf legal proceeding is also being continued before the Debt Recovery Tribunal as SA 530/12. In this circumstance the petition matter in crime 303/14 is found purely as a civil matter. Hence it is submitted that the final report of the case will be prepared during the month itself to refer the case as civil nature and submitted before the Court without any delay. It is further submitted that investigation of the above case is being conducted in a fair and proper manner and it is reported that there is no need to hand over the investigation to any superior"