Kerala High Court
Sobharaja vs State Police Chief on 15 February, 2022
Author: K.Haripal
Bench: K.Haripal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 15468 OF 2021
CRIME NO. 1191/2017 OF MUSEUM POLICE STATION
PETITIONER:
SOBHARAJA
AGED 49 YEARS
W/O. RICHARD THADDEUS RAJA,
FROM 'SOBHAS',
T.C 30/1114,
AMBALATHUMUKKU,
PETTAH,
THIRUVANANTHAPURAM,
NOW RESING AT IF CONDOR CYBER GARDENS,
CASSIA FLATS,
AKKULAM,
KULATHOOR P.O,
THIRUVANATHAPURAM 695 583
BY ADVS.G.SUDHEER
R.HARIKRISHNAN (H-308)
RESPONDENTS:
1 STATE POLICE CHIEF
POLICE HEAD QUARTERS,
VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 583
2 COMMISSIONER OF POLICE
THIRUVANANTHAPURAM CITY,
THIRUVANANTHAPURAM 695 001
3 INSPECTOR OF POLICE
MUSEUM OF POLICE STATION,
THIRUVANANTHAPURAM 695 011
BY SRI. NOUSHAD K.A., SENIOR PUBLIC PROSECUTOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.15468 OF 2021 2
JUDGMENT
Petitioner is the defacto complainant in Crime No. 1191/2017 of Museum police station which was registered on the basis of a complaint preferred by her before the Chief Judicial Magistrate, Thiruvananthapuram. She is the wife of an officer in the Indian Foreign Service. Her marriage was solemnised in the year 1990; out of the 100 sovereigns of gold given to her at the time of marriage, she had up-kept 86 sovereigns in locker No. 37 of SBT, Sasthamangalam branch. She had been abroad with her spouse from 2002 onwards. On 10.05.2011, when she opened the locker, to her utter surprise 86 sovereigns of gold was found missing. When she made complaints to the bank authorities, two persons claiming themselves as Managers of SBT approached her and offered to make good her loss, but she insisted penal action. Even though the police was approached, no action was taken. Thereafter, she preferred a complaint before the Chief Judicial Magistrate and based on the complaint the crime was registered. After investigation, police laid a final report as undetected, against W.P.(C).No.15468 OF 2021 3 which she preferred a protest complaint. Now the investigation is under way. The grievance of the petitioner is that, even though two years have lapsed, investigation is moving at a slow pace and the culprit has not yet been apprehended. Therefore, she has moved this Court under Article 226 of the Constitution seeking to direct the first respondent to order further investigation on Ext.P1 by a higher official of the Crime Branch of Kerala Police.
2. I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.
3. The learned counsel for the petitioner submits that the case was investigated by an officer in the rank of a Sub Inspector, even after further investigation was ordered by the Chief Judicial Magistrate, the very same officer is investigating the case. The present investigating officer is not showing any enthusiasm in bringing to book the actual culprit; having regard to the fact that the valuables kept in the locker were stolen, it is very easy to trace the culprit based on records available in the bank itself.
W.P.(C).No.15468 OF 2021 4
4. The allegations in the complaint of the petitioner are very serious. I have no doubt that the police has not given serious attention to bring to book the actual culprit in the case. In the circumstance, investigation shall be entrusted with the District Crime Branch, Thiruvananthapuram. The Investigating Officer shall handover the entire records to District Crime Branch forthwith and investigation shall be conducted by an officer in the rank of Dy.S.P. The writ petition is disposed of as above.
SD/-
K.HARIPAL JUDGE DCS/15.02.2022 W.P.(C).No.15468 OF 2021 5 APPENDIX PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE FIR AND COMPLAINT IN CRIME NO. 1191/2017 OF MUSEUM POLICE STATION DATED 29-07-2017 EXHIBIT P2 TRUE COPY OF UN REPORT IN CRIME NO.
1191/2017 SUBMITTED BY THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM DATED 16-2-2019 EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM EXHIBIT P4 TRUE COPY OF THE ORDER IN CMP NO. 1564/2019 IN R.C NO. 64/2018 DATED 22-07-2019 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 28-3-2021