Kerala High Court
Sundaran vs State Of Kerala on 18 March, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 18TH DAY OF MARCH 2020 / 28TH PHALGUNA, 1941
WP(C).No.9936 OF 2017(N)
PETITIONER:
1 SUNDARAN
AGED 63 YEARS, S/O SANKARAN, PAZHANGAD HOUSE, NORTH
ADUVASSERY, SOUTH ADUVASSERY P.O. ERNAKULAM- 683 578
2 SUMESH
AGED 36 YEARS, S/O SUNDARAN, PAZHANGAD HOUSE, NORTH
ADUVASSERY,SOUTH ADUVASSERY P.O. ERNAKULAM- 683 578
BY ADVS.
SRI.P.RADHAKRISHNAN
SRI.MADHU RADHAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY, DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM-695001
2 THE INSPECTOR GENERAL OF POLICE
ERNAKULAM RANGE-682031
3 THE SUPERINTENDENT OF POLICE
CBCID, ERNAKULAM-682031
4 COMMISSIONER OF POLICE
KOCHI, CITY, ERNAKULAM-682031
5 THE SUB INSPECTOR OF POLICE
HARBOUR POLICE STATION, KOCHI, ERNAKULAM-682004
SMT.V.SREEJA PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9936 OF 2017(N)
2
JUDGMENT
Dated this the 18th day of March 2020 Petitioners are the aggrieved and the defacto complainant in Crime No.481/2009 of Harbour Police Station in which the final report has already been filed and taken on the file of Judicial First Class Magistrate Court-I, Kochi as CC No.270/2010.
2. The petitioners contend that, in the final report submitted by the local police that is R5 herein, complicity of the bank officials has not been investigated and they had been totally exonerated. The specific case of the petitioners is that, in connivance with the bank officials loans were advanced not only to the person they had agreed to support by pledging their property but loan was also advanced to one Indushekaran Nair who is not even known to them. M/s.Mars Business Associates and five others including the Manager of the UCO Bank had thus cheated the petitioners. The petitioners point out that, WP(C).No.9936 OF 2017(N) 3 without their knowledge their property has been mortgaged by resorting to forgery and impersonation and a complete stranger namely one Indusekharan Nair has been granted loan on pledging their property. It is also pertinent to note that, in Ext.P4, there is an interpolation made incorporating a name of Insusekharan in place of one K.N.Bhaskaran Nair. The petitioners do not know the existence of any such person, and was taken by surprise to find him as one of the borrowers for whom the petitioners stood as sureties. Ext.P8 would also indicate that, the loan was sanctioned favoring Indusekharan Nair. The petitioners had also disputed their signatures on the documents. The crime alleged appears to be very serious. There is specific allegation against the bank officials and about their connivance to offer loan to strangers mortgaging the property of the petitioner.
Under the circumstances, the crime will have WP(C).No.9936 OF 2017(N) 4 to be investigated by a more efficient agency. Hence, the petition is allowed, and the investigation of Crime No.481/2009 of Harbour Police Station is entrusted to the CBCID, Ernakulam, which shall be conducted under the Supervision of the 3rd respondent, Superintendent of Police. It is also submitted by the learned counsel appearing for the petitioners that, SARFAESI proceedings are initiated against his property. The result of that would depend on the investigation conducted by the Police regarding the alleged forgery, impersonation etc. The investigation shall be expedited and completed as early as possible, at any rate, within a period of six months.
The writ petition is disposed of accordingly.
Sd/-
ASHOK MENON JUDGE spk WP(C).No.9936 OF 2017(N) 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBITP1 TRUE COPY OF THE FIR NO.481/2009 ALONG WITH THE COPY OF CRL.M.P-.
EXHIBIT P2 THE TRUE COPY OF THE FINAL REPORT EXHIBIT P3 TRUE COPY OF THE 161 STATEMENTS EXHIBIT P4 TRUE COPY OF THE NOTE REGARDING DEPOSIT OF TITLE DEED DATED 19-05-2008 ALONG WITH NOTE OF EXTENSION OF LOAN EXHIBIT P5 TRUE COPY OF LOAN APPLICATION OF MR.INDUSEKHARAN NAIR DATED 06-05-2008 EXHIBIT P6 TRUE COPY OF SANCTION OF CREDIT FACILITIES DTD 19-05-2008 EXHIBIT P7 TRUE COPY OF AGREEMENT OF GURANTEE DTD 19-05-2008 EXHIBIT P8 TRUE COPY OF LETTER DATED 24-05-2008 RESPONDENT'S/S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE