Kerala High Court
Shanavas B vs State Of Kerala on 28 February, 2019
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY ,THE 28TH DAY OF FEBRUARY 2019 / 9TH PHALGUNA, 1940
WP(C).No. 3888 of 2019
PETITIONER/S:
1 SHANAVAS B.,
AGED 36 YEARS
S/O. V.M. BASHEER, SHANAVAS MANZIL,CC 43/51(A),
AYYAPANKAVU, ERNAKULAM-682018. AND PARTNER PEE
AND BEE INVESTMENTS(MARHABA GOLD) SHAN PLAZA,
JOSE JUNCTION, ERNAKULAM.
2 V.M. BASHEER,
SHANAVAS MANZIL
CC 43/51(A), AYYAPANKAVU, ERNAKULAM-682018.
BY ADVS.
SRI.C.HARIKUMAR
SRI.RENJITH RAJAPPAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM-682031.
2 THE STATE POLICE CHIEF,
POLICE HEADQUARTERS,
THIRUVANANTHAPURAM-695001.
3 ADDITIONAL GENERAL OF POLICE(CRIMES)
CRIME BRANCH CRIME INVESTIGATION DEPARTMENT,
POLICE HEAD QUARTERS,
KOTTAYAM-68601..
OTHER PRESENT:
SRI.SUMAN CHAKRAVARTHY,SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.02.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 3888 of 2019
-2-
JUDGMENT
The prayers in this Writ Petition are as follows:
"i. a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to re-
transfer the Crime No.Cr.CB CID SP/83/Cr/SP/EOW from Trivandrum to be investigated along with Crime No.Cr.CB CID 82/Cr/SP/ EOW Ernakulam unit.
ii. Issue such other and further reliefs as this Hon'ble court may deem fit and proper in the facts and circumstances of the case."
2. There was financial dispute between the petitioners and the other Jewellery owners. There was also WP(C).No. 3888 of 2019 -3- an incident of attack in connection with the dispute. In connection with this, one Crime was registered in Central Police Station, Ernakulam as Crime No.1844 of 2015 and another crime was registered as Crime No.1224 of 2015 in Vanchiyoor Police Station, Trivandrum. Thereafter, the Crime at Central Police Station, Ernakulam was re- registered as CR No.82/CR/EOW II - KTM/16 and the other crime was re-registered as Crime No.CR 83/CB/TVM/16. Both the cases were under investigation by CBCID, Ernakulam. While so, CBCID was abolished and the State Crime Branch was constituted. The duties were also assigned to the Officers on the basis of territorial jurisdiction. Accordingly, CBCID Crime No. CR No.82/CR/EOW II - KTM/2016 was transferred to CBCID, Kottayam and the other crime was transferred to WP(C).No. 3888 of 2019 -4- CBCID, Trivandrum. In CR No.82/CR/EOW II - KTM/2016, the final report has been already filed today by the Investigating Officer after getting approval from the Superintendent of Police concerned, submitted by the learned Public Prosecutor. The other case is under investigation by the CBCID, Trivandrum. Since the final report has been already filed in CR No.82/CR/EOW II - KTM/16, the prayer in this Writ Petition cannot be granted. That apart, it appears that the offenes alleged in both the cases are distinct and separate.
In the result, this Writ Petition stands dismissed.
Sd/ B. SUDHEENDRA KUMAR, JUDGE.
dl/ WP(C).No. 3888 of 2019 -5- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CRIME NO.1844 OF 2015 OF THE CENTRAL POLICE STATION, ERNAKULAM DATED 8.10.2015.
EXHIBIT P2 THE TRUE COPY OF THE ORDER IN BA NO.7592 OF 2015 OF THIS HON'BLE COURT DATED 3.3.2016.
EXHIBIT P3 THE TRUE COPY OF THE LAWYERS NOTICE ISSUED ON BEHALF OF THE 1ST PETITIONERS FIRM DATED 7.12.2015.
EXHIBIT P4 THE TRUE COPY OF THE PROCEEDINGS OF STATE POLICE CHIEF DATED 30.4.2016.
EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT DATED 21.1.2019 ALONG WITH THE ENDORSEMENT FROM THE OFFICE OF THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS : NIL