Kerala High Court
T.C.I Freight (A Division Of Transport ... vs Sub Inspector Of Police
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 18TH DAY OF FEBRUARY 2014/29TH MAGHA, 1935
Crl.MC.No. 5824 of 2013 (C)
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[CRIME NO. 66/2013 OF C.B C.I.D, KOTTAYAM]
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PETITIONER/COMPLAINANT:
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T.C.I FREIGHT (A DIVISION OF TRANSPORT CORPORATION OF INDIA),
REPRESENTED BY ITS AREA MANAGER V.S.POONIA,
S/O.MAHENDRA SINGH POONIA, AGED 40 YEARS, T.C.I HOUSE,
32/299 A, SOUTH KALAMASSERY P.O., ERNAKULAM - 683 104.
BY ADVS.SRI.T.V.GEORGE,
SRI.JIMMY GEORGE (THADATHIL).
RESPONDENTS/ACCUSED:
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1. SUB INSPECTOR OF POLICE,
GANDHI NAGAR POLICE STATION, KOTTAYAM.
2. SUPERINTENDENT OF POLICE,
C.B.C.I.D, KOTTAYAM.
3. ALLADI VISHNUVARDHAN,
S/O.ALLADI SATYA NARAYANA, GOUTAM NAGAR COLONY,
PATANCHERU, MEDAK DISTRICT, ANDHRA PRADESH.
4. PRAMOD SINGH,
S/O.ARJUN SINGH, 18/8/60 AS, AKBAR BAGH,
HYDERABAD.
R1 & R2 BY PUBLIC PROSECUTOR SMT. S. HYMA.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 18-02-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Prv.
W.P.(C).NO.5824/2013-C:
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1: TRUE COPY OF F.I.RIN CRIME NO.65/13 BEFORE THE GANDHI
NAGAR POLICE STATION.
ANNEXURE AII: TRUE COPY OF THE COMMUNICATION DATED 07/05/13
RECEIVED FROM THE 1ST RESPONDENT.
ANNEXURE AIII: TRUE COPY OF THE COMMUNICATION DATED 22/11/2013
RECEIVED FROM THE 4TH RESPONDENT.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
K. RAMAKRISHNAN, J.
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Crl. M. C. No.5824 of 2013
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Dated this the 18th day of February, 2014
O R D E R
This criminal miscellaneous case is filed by the petitioner, who is a complainant and defacto-complainant in Crime No.66/2013 of Gandhi Nagar Police Station, for issuing directions to the investigating officer under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code').
2. It is alleged in the petition that, the petitioner is a leading Multi Model Integrated Supply Chain Solutions Provider. On 05.01.2013 and 08.01.2013 two trucks bearing Reg.No. AP 12-U/7591 and AP 29-TA/4503 were engaged to transport 16 Metric Ton of rubber each by the petitioner to Faridabad and Meerut, which were to be delivered at M/s.Kerala State Co-operative Rubber Marketing Federation Ltd. and M/s. Continental India Ltd. respectively. Unfortunately both the trucks with Crl. M. C. No.5824 of 2013 2 consignments could not reach the destination till date. Aggrieved by the missing trucks, petitioner company filed the complaint before the Police and on that basis Annexure- A1 First Information Report was registered as Crime No.65/2013 of Gandhinagar Police Station, alleging offences under Section 407 read with Section 34 of the Indian Penal Code, against the drivers and owners of the vehicles. Since no progress was made in the investigation by the local police, the same was transferred to the 2nd respondent, as per Annexure-A2 order. Thereafter it was re-numbered as Crime No.66/2013 of CB CID Kottayam and they were conducting the investigation. The petitioner company is entitled to get an amount of 11,73,372/- from the Rubber Mark and 26,14,080/- from M/s.Continental India, as per the previous transaction. On demand they refused to release the amounts, stating that settlement has not been arrived at with their insurance company, in view of the non- filing of the final report in this case and that is evidenced by Crl. M. C. No.5824 of 2013 3 Annexure-A3 letter received from them. So the petitioner has no other option but to approach this court, directing the respondents to expedite the investigation and file final report. So the above petition is filed, seeking the following relief:
"On these and other grounds to be urged at the time of hearing, it is humbly prayed that this Hon'ble Court may be pleased to pass an order directing the 2nd respondent to complete the investigation in Crime No.66/2013 of CB CID, Kottayam and file final report before Court at the earliest, within a specified period as fixed by this Hon'ble Court."
3. The 2nd respondent filed a detailed statement showing the nature of investigation conducted and also seeking six months time to complete the investigation and file final report.
4. On filing of the statement by the investigating agency, the counsel for the petitioner submitted that the above submission made in the statement that, they will complete the investigation within a period of six months and file final report can be recorded and also a direction can be given to the investigating agency and also Crl. M. C. No.5824 of 2013 4 as requested in Criminal M.A.No.1359/2014 to furnish the details of missing trucks, namely AP 12-U/7591 and AP 29- TA/4503 on 05.01.2013 and 08.01.2013 respectively and full details of the owners and drivers to National Crime Records Bureau (NCRB) so as to publish the details in the website of NCRB at the earliest and this petition can be closed. The request of the petitioner made in Criminal M.A. No.1359/2014 is also directed to be considered by the investigating agency, which may help them to trace the missing trucks and the submission made by the investigating officer in his statement that six months time is required for completing the investigation and filing the final report is recorded and the petition is disposed of accordingly.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss