Kerala High Court
Jayesh Kumar K.K vs Union Of India- Represented By Its on 27 September, 2011
Author: P.S. Gopinathan
Bench: P.S.Gopinathan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
WEDNESDAY, THE 11TH DAY OF JANUARY 2012/21ST POUSHA 1933
WPC.No. 27243 of 2011 (E)
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PETITIONER(S):
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JAYESH KUMAR K.K., AGED 28 YEARS,
S/O.KUMARAN, KOOLIPPARA HOUSE, ASAMANNOOR P.O.
KUNNATHUNADU, ERNAKULAM DISTRICT.
BY ADVS.SRI.C.T.JESTIN
SRI.T.G.GOPINATHAN
RESPONDENTS:
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1. UNION OF INDIA- REPRESENTED BY ITS
SECRETARY, HOME DEPARTMENT, NEW DELHI-110011.
2. STATE OF KERALA- REPRESENTED BY ITS
SECRETARY, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3. DIRECTOR GENERAL OF POLICE,
KERALA, THIRUVANANTHAPURAM-695001.
4. SUB INSPECTOR OF POLICE, ALUVA-682101.
5. CENTRAL BUREAU OF INVESTIGATION,
REPRESENTED BY ITS DIRECTOR, NEW DELHI-110011.
6. PASTOR MADHULAL AUGUSTINE,
ALUVA SECTION PRESBYTER ASSEMBLY OF GOD, E.S.I.ROAD
ALUVA-682101.
7. PASTOR P.S.PHILIP, ASSISTANT GENERAL
SUPERINTENDENT, S.I.A.G., OFFICE ASSEMBLIES OF
GOD, PUNALUR-691305.
WPC.No. 27243 of 2011
8. PASTOR V.T.ABRAHAM, GENERAL SECRETARY,
S.I.A.G., MALABAR DISTRICT COUNCIL OF S.I.A.G.
CALICUT-673001.
9. PASTOR BABU GEORGE, SECRETARY,
MALAYALAM DISTRICT COUNCIL, S.I.A.G.
PUNALUR-691305.
10. PASTOR P.S.RAJAMONY, GENERAL
SUPERINTENDENT S.I.A.G., 100, NAVARLAL NAGAR
MADURAI-625016.
11. PASTOR G.PETER, GENERAL COMMITTEE
MEMBER, S.I.A.G., A.P.BIBLE COLLEGE
MIYAPUR P.O., HYDERABAD-500 050.
12. PASTOR MOHAN D., PRESIDENT, A.G.I.,
6 ANNA SALAI, LITTLE MOUNT, SAIDAPET
CHENNAI-, 600 015.
13. PASTOR T.SOUNDER RAJ, GENERAL TREASURER,
SOUTH INDIA ASSEMBLIES OF GOD, CHERIKADAI,
PALLIYADI629169,
KANYAKUMARI DISTRICT, TAMIL NADU.
14. PASTOR Y.JAYARAJ, A.G.INDUSTRIAL SCHOOL,
PANPOLY ROAD, K.P.VALSAI, ELATHOOR POST,
PIN-627 803.
15. PASTOR BABU VARGHESE, NORTH REGIONAL DIRECTOR,
FAITH ASSEMBLIES OF GOD, EDAPPALLY, BETHEL HOUSE,
PUNNICHIRA, PIN-682021.
R1 BY SRI.P.PARAMESWARAN NAIR FOR ASG OF INDIA
GOVERNMENT PLEADER SRI.RAJESH VIJAYAN
R6 BY SRI.JOHN MATHEW
R7 TO R9 BY SRI.THOMAS MATHEW NELLIMOOTTIL
SRI.P.CHANDRASEKHARA PILLAI FOR C.B.I.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SU
WPC.No. 27243 of 2011
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: COPY OF THE PRIVATE COMPLAINT BEARING NUMBER
CRIMINAL M.P. 1346/2011 OF JFCM, ALUVA.
EXHIBIT P2: COPY OF THE CERTIFICATE OF REGISTRATION OF
SOCIETIES ALLEGED TO BE FORGED BY THE RESPONDENTS 6-15.
EXHIBIT P3: COPY OF THE INFORMATION RECEIVED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P4: COPY OF THE AUDITED ACCOUNTS FOR THE MADURAI UNIT
OF THE ORGANISATION FOR THE YEAR ENDED 31ST MARCH, 2011.
EXHIBIT P5: COPY OF THE FIR DATED 27-9-2011 REGISTERED BY HIM
BY 4TH RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R6(1): COPY OF REQUEST DATED 27/3/2011.
EXHIBIT R6(2): COPY OF THE LETTER DATED 24/5/2011.
EXHIBIT R6(3): COPY OF THE LETTER DATED 5/7/2011.
EXHIBIT R6(4): COPY OF THE LEGAL NOTICE DATED 19/7/2011.
EXHIBIT R6(5): COPY OF THE REPLY DATED 7/8/2011.
EXHIBIT R6(6): COPY OF THE JUDGMENT DATED 15/3/2011.
EXHIBIT R6(7): COPY OF THE COMMUNICATION DATED 1/11/1975.
EXHIBIT R6(8): COPY OF THE LETTER DATED 10/11/1975.
/TRUE COPY/
P.A. TO JUDGE
SU
P.S. GOPINATHAN, J.
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W.P.C.No.27243 of 2011
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Dated this the 11th day of January, 2012
JUDGMENT
In this writ petition under article 226 of the Constitution of India, the petitioner seeks the following reliefs:
(i) issue a Writ of Mandamus or appropriate writ or direction thereby direct the 1st and 2nd respondent to entrust the investigation of the Crime 2768/11 of Aluva Police Station with 5th respondent.
ii) issue a Writ of Mandamus or appropriate writ for the direction to the 2nd and 3rd respondents to constitute special investigation team on the supervision of an Officer not below the rank of Inspector General of Police to investigate Crime 2768/11 of Aluva Police Station if this Hon'ble Court not inclined to grant 1stprayer;
iii) issue such other writ, order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
2. I have heard either side and perused statement filed on behalf of the 3rd respondent. Offences alleged are under Sections 191, 192, 196, 197, 199, 200, 420, 464, 466 and 120 B r/w. 34 I.P.C. It is revealed that Sub Inspector of Police, Aluva is investigating the case. With due regard to the nature of the allegation made in the First Information Report and the submissions made by the learned Govt.Pleader, I find that the case requires an investigation by a senior officer. W.P.C.No.27243 of 2011 2 The learned Govt.Pleader fairly conceded and further submitted that the Deputy Superintendent of Aluva can be entrusted with the investigation under the supervision of the Superintendent of Police, Ernakulam rural. Submission of the Govt.Pleader is recorded. I find that investigation by the Deputy Superintendent under the supervision of the Superintendent would be sufficient to redress the grievance of the petitioner.
3. In the result, this petition is allowed directing the 3rd respondent to entrust the investigation to the Deputy Superintendent, Aluva under the supervision Superintendent of Police, Ernakulam rural. During the course of the investigation, Investigating Officer shall, as far as possible, co- ordinate with the Income Tax Department which conducts investigation regarding the allegation of violation of the Income Tax Act. The investigation shall be completed within a period of six months.
P.S.GOPINATHAN, JUDGE su