ANNAMMA ALEX Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner, alleging inaction on the part of the investigating agency to conduct proper investigation, in respect of crimes registered, on the basis of the statement given by the petitioner under article 226 of the Constitution of India.

(2.) IT is alleged in the petition that, the petitioner had filed several complaints against the illegal encroachment and trespass into the property owned by her and there were five incidents from 2008 onwards. Though every time petitioner has to approach the magistrate court for filing compliant, which will be forwarded to the police for investigation and in spite of registering crimes, they are not conducting proper investigation and the first respondent is trying to help the accused in the case. So the petitioner has no other remedy, except to approach this court, seeking the following relief: i. To issue a writ or order directing the 2nd respondent to take over investigation from the 1st respondent based on the complaints filed by the petitioner. ii. To issue a writ or order directing the 2nd respondent or a special officer to act directly under the 2nd respondent to complete the investigation as expeditiously as possible within a time frame as stipulated by this Hon'ble court; iii. Grant such other order or direction, as this Hon'ble court may deem fit and proper in the facts and circumstances.

(3.) EARLIER , the Sub Inspector of Police, Koothattukulam, filed a detailed statement for which the petitioner filed a reply. As directed by this court, the Sub Inspector of Police, Koothattukulam, filed another detailed statement, which reads as follows: The petitioner is a resident of Elanji Village, Elanji Kara. The petitioner filed a petition before the Hon'ble JFCM Court, Muvattupuzha against the trespass and destroyal of the compound wall of the property owned by herself and her husband inSy.No.211/10/1, 210/3 and 211/1 of Elanji Village, Muvattupuzha Taluk on 10.05.2008. This matter was forwarded for enquiry as CMP 1466/08 and registered as Cr.305/2008 U/s.447, 379, 427 & 34 of IPC. On enquiry it is revealed that though the offence U/s. 143, 147, 148 506(i), 447, 379, 427, r/w 149 of IPC was committed, no evidence against the suspects mentioned by the petitioner were available and as such the final report in this case has been submitted as UN before the Hon'ble JFCM Court Muvattupuzha and the Hon'ble Court received the same as UD 3/10. Further the petitioner filed CMP 208/11 in UD 3/10 before the Hon'ble JFCM Muvattupuzha and the Hon'ble Court on 07.11.2012 ordered the Circle Inspector of Police, Piravom to re -open the investigation in UD 3/10 and directed to conduct proper investigation in the crime. On further enquiry conducted by the Inspector of police, Piravom it is revealed that though the offence U/s. 143, 147, 148, 506(i),447, 379, 427 read with 149 IPC was committed, no evidence received against the suspects mentioned by the petitioner. To ascertain the ownership of the site (place of occurrence) the village officer, Elanji, Secreatary, Elenji Grama Panchayath, Ex.Enginerr, MVIP Division 4, Piravom were the addressed. The Ex. Enginerr MVIP Division 4, Piravom reported that the said property is not under the custody of MVIP. The report from village officer, Elanji and Secretary, Elenji Grama Pnchayath are received. On re -questioning the complainant by the Inspector of Police, Piravom in this case the accused involved are some of the accused persons mentioned in this case and some other persons who are not known to the complainant. The investigation of this case is in the final stage. As there is no eye witness in this case except the complainant and her husband, no statement of the eye witness in this case has been recorded yet. On investigation it is undoubted fully understood that the compound wall has been destroyed and charge sheet will be submitted as per the statement of the complainant given in the re -questioning. On 14.07.2013 the petitioner Annamma Alex submitted a written complaint stating that some antisocial people destroyed some banana trees, rubber tree, and papaya tree from her property last night. She claims that there was a loss of about Rs.10,000/ -. As such a case has been registered in Cr.335/12 U/s 447, 427 & 34 IPC on 15.07.2012. On enquiry the complainant (petitioner) and her husband stated that one Tomy and his father Kuttappan and other two identifiable persons are the real culprits in this case. The statement itself is against the complaint submitted by the petitioner. On further enquiry on the neighbours and the people near to the locality nobody knows about the incident and they have heard about the matter from the very mouth of the petitioner and her husband on the next day. In fact it is understood that a total umber of 12 banana trees, one rubber tree, and a papaya tree are destroyed by the said antisocial elements and as such there may be a loss of Rs.10,000/ -. After conducting earnest enquiry for three months it is understood that there is no chance to identify the actual culprits in this case even if the investigation is continuing for more days. In the circumstances report has been submitted before the Hon'ble JFCM Court, Muvattupuzha to consider this case as an Un Detected case on 30.10.2012. No allegation was raised about the investigation, while it was being conducted by then officer. It is submitted that a fair and honest investigation has been conducted in the above matter. Regarding the handing over of the investigation to Inspector of Police, it is humbly submitted that this Hon'ble Court may be pleased to pass necessary orders as this court deems fit and proper."