SMITHA BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner, directing the respondents to conduct proper investigation under Article 226 of the Constitution of India.

(2.) IT is alleged in the petition that, on the basis of the complaint given by the petitioner, before the 3rd respondent, a case was registered as Crime No.172/2014 against the accused persons mentioned therein, alleging offences under Section 406, 420, read with Section 34 of the Indian Penal Code. There was no progress in the investigation. It was a clear case of cheating and fraud perpetrated at the instance of the accused persons and substantial financial losses has been suffered by the petitioner. Though a crime was registered, practically no investigation was conducted in the case. In fact the investigation was handed over to 4th respondent, Circle Inspector of Police, Ernakulam, North police station and from the office of the 5th respondent, the petitioner being contacted and also other complainants were also receiving similar telephone calls and they are torturing them by stating that, they will lodge case against the petitioner and other complainants for filing false complaints against the accused persons. To the knowledge of the petitioner, 5th respondent is interfering in the matter with malafide intention to help the accused persons. Though, 4th respondent had moved with the investigation to some extent, thereafter it was stopped without any reason. None of the accused persons were summoned for interrogation and so they are likely to mis -appropriate the amount and the amount due to the petitioner and other complainants could not be recovered. So the petitioner has no other remedy, except to approach this court, seeking the following relief: a. Issue writ or directions in the nature of or similar to writ of mandamus directing the 2nd respondent to conduct proper and effective investigation in Crime No.172/2014 of the Palarivattom police station and to submit before this Hon'ble Court as to the status of the said investigation, within such time as may be fixed by this Hon'ble Court in the interest of justice. b. issue writ or directions in the nature of or similar to writ of mandamus commanding the 1st and 2nd respondent to handover the investigation of crime No.172/2014 of the Palarivattom police station to the crime branch or any other efficient investigation team for the purpose of conducting a proper investigation. c. pass such other and further directions in favour of the petitioner as this Hon'ble Court may deem fit and proper.

(3.) ON the basis of the allegations in the petition, 4th respondent, who is conducting the investigation was directed to file a statement, which reads as follows: 1. The above writ petition is field for the issuance of a writ of mandamus in directing the 2nd respondent to conduct proper and effective investigation in Crime No.172/2014 of the Palarivattom police station and to submit before the Hon'ble Court as to the status of the said investigation, within such time as may be fixed by this Hon'ble court and further to direct the first and second respondent to hand over the investigation of Crime No.172/2014 of the Palarivattom police station to the Crime Branch or any othe efficient investigation team for the purpose of conducting a proper investigation etc. 2. It is respectfully submitted that the main prayer of the petitioner is not legally sustainable as the petitioner has no legal right to insist that a particular agency or an officer of his choice to investigate the crime. Hence the above writ petition may kindly be dismissed in -limine. 3. It is submitted that Crime No.172/14 was registered u/s.406 420, 34 IPC at Palarivattom police station on the strength of a petition filed before the Home Minister of Kerala which was duly forwarded to the District police chief and he in turn entrusted the matter with this respondent. The brief of the case is that with an intention to make unlawful gain by cheating the defacto complainant, the accused made the complainant believe that they have purchased the land in Survey No.369/6/7 at Thripunithura and land in survey No.154/14 at Anchumana in auction conducted by Debt Recovery Tribunal, Ernakulam and thereby collected 1 crore 3 lakhs rupees from the defacto complainant offering that they would return substantial profit by selling the said land to prospective buyers, but the accused persons neither given any profit as promised nor returned the money and thus cheated the complainant.