Kerala High Court
Dr. Neena Mohan vs The Sub Inspector Of Police on 8 January, 2014
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
WP(C).No. 3774 of 2014 (V)
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PETITIONER:
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DR. NEENA MOHAN, AGED 50 YEARS,
W/O.DR.K.CHANDRA MOHAN, "DREAM LAND",
EAST HILL ROAD, ERANHIPALAM P.O, KOZHIKODE DISTRICT.
BY ADV. SRI.SUNNY MATHEW
RESPONDENTS:
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1. THE SUB INSPECTOR OF POLICE,
NADAKKAVU POLICE STATION,
KOZHIKODE DISTRICT-673 001.
2. THE CIRCLE INSPECTOR OF POLICE,
NADAKKAVU-673 001.
3. THE COMMISSIONER OF POLICE,
OFFICE OF THE COMMISSIONER OF POLICE,
KOZHIKODE-673 001.
4. STATE OF KERALA,
REPRESENTED BY SECRETARY
HOME DEPARTMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY PUBLIC PROSECUTOR SMT.S.HYMA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 3774 of 2014 (V)
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APPENDIX
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PETITIONER(S)' ANNEXURES:
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NIL
RESPONDENT(S)' ANNEXURES:
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ANNEXURE R2(A): TRUE COPY OF THE ORDER NO.24/CAMP/2014.CC
DATED 08.01.2014
//TRUE COPY//
P.S.TO JUDGE.
Msd.
K. RAMAKRISHNAN, J.
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W.P.(C).No.3774 of 2014
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Dated this the 18th day of February, 2014.
JUDGMENT
This is an application filed by the petitioner under Articles 226 and 227 of the Constitution of India seeking the following reliefs:
i. To pass an order directing the 3rd respondent to take over the investigation of Crime No.27/2014 of the Nadakkavu Police Station and to conduct a thorough and meaningful investigation into the said case.
ii. Any other reliefs which may be prayed for from time to time.
2. On the basis of this petition, the State Attorney filed a statement which reads as follows:
1."It is submitted tht the above writ petiton is filed for the issuance of a writ of mandamus directing the third respondent to take over the investigation into Crime No.27/2014 of the Nadakkavu Police Station and to conduct at thorough and meanigng ful investigation into the said cause.
2. It is submitted tht the case in Crime No.27/2014 u/s 406,420,467,468,471 IPC has been registered in Nadakkavu Police station on the strength of a statement given by the petitoenr therein on 10.1.2014. The brief of the case is that the defacto complaiannt on 8.10.13 borrowed an amount of Rs.2 croroes from one Mr. John Varghese and towards security for the amount so borrowed, the defato W.P.(C).No.3774 of 2014 2 complainant conveyed 55.35 cents of land and a residential building standing thereon in Re.Survey No.754 & 755 of West Hill Village, Kozhikode distict vide deed No.2566/12 on the definite understanding that the said property would be re-conveyed on repaying an amount of Rs.2 crores with 18% interest thereon. Though the actual transaction of Rs.2 crores, the total amount showed in the deed was Rs.3,60,00,000/- (Rupees Three Crores Sixty Lakhs only). Towards repayment several signed cheques and signed stamp papers were entrusted to the accused.
However, the accused person produced a forged agreement alleged to have been executed by the defacto complaiannt on 6.10.2012 before the HDFC Limited, Ernakulam Branch and a vailed a loan of Rs.5,00,00,000/- (Rupees five crores only) on 6.10.2012 without the consent or knowledge of the complainant and thereafter committed default and as a result of the bank authorirties initiated recoery proceedings against the defacto complaiannt and then only she came to know tht the accused has cheated her and had made unlawful gain.
3. It is respectfully submitted that the case was originally investigated by the C.I. Nadakkavu Circle. While so on 18.1.2014 the District Police Chief, Kozhikode city as per Order No.24/Camp/2014. CC dated 18.1.2014 constituted a Special Investigating Team. True copy of the above order is produed herewith and marked as Annexure R2(a). The investigating team comprised of 7 members including C.I of Police, Medical College, Kozhikode city.
4.It is submitted tht Special Investigating Team has been constituted on the basis of the request made by the petitoenr. During the course of investigation the Investigating Officer has seized the document which the accused produced for availing loan from HDFC Limited. During the investigation so far conducted, it is revealed tht the accused committed forgery of documents and fabricated signature of the defacto complaiannt misrepresented before the bank authorities tht an agreement has been executed between the accused and the defacto complainant by which the defacto complainant has agreed to sell the property for a total amount of Rs.7 crores. Thereupon he availed a loan of Rs.5 crores from the above bank on the basis of the forged documents alleged to have been executed by the W.P.(C).No.3774 of 2014 3 defacto complainant and thus the accused had cheated the defacto complainant and her mother and further failed to re-convey the property even though the defacto complainant was ready to repay the amount with interest.
5. It is humbly submitted that as of now a Special Investigation Team headed by the Inspector of Police, Kozhikode Medical College vide under the direct supervison of the 3rd respondent is conducting the investigation.
6. It is respectfully submitted that the investigation is in progress. The bank authorities are to be questioned and further documents are to be seized. Besides the accused is to be arrested and questioned for which some more time is required".
The learned counsel for the petitioner submitted that in view of the statement filed by the State Attorney, the facts mentioned in the statement can be recorded and the petition can be closed. So, the statement filed by the State Attorney on behalf of respondents 2 and 3 is recorded and the petition is closed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge W.P.(C).No.3774 of 2014 4