Kerala High Court
T.K.Kunjavaran Haji vs The State Of Kerala on 15 July, 2014
Author: Manjula Chellur
Bench: Manjula Chellur
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE MRS. JUSTICE SMT. MANJULA CHELLUR
THE HONOURABLE MR.JUSTICE&P.R.RAMACHANDRA MENON
TUESDAY, THE 15TH DAY OF JULY 2014/24TH ASHADHA, 1936
WP(C).No. 6097 of 2013 (S)
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PETITIONER(S)/PETITIONER:
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1. T.K.KUNJAVARAN HAJI, AGED 58 YEARS
KAMBALA NOOR MOHAMMED INVESTMENT
FRAUD ACTION COUNCIL
KUTTIPPURAM, MALAPPURAM DISTRICT
2. KUNJAVA @ KUNJAPPA,MOYATH VALAPPIL HOUSE
S/O.MOHAMMED @ KUNJIPPA, MOYATH VALAPPILL HOUSE
S/O.MOHAMMED @ KUJAPPA, SOUTH BAZAR, KUTTIPURAM
3. THAIVALAPPIL VEERAVUNNI
S/O.AHAMMEDKUTTY, SOUTH BAZAR, KUTTIPPURAM
BY ADVS.SRI.V.RAJENDRAN
SRI.P.SAMSUDIN
RESPONDENT(S)/RESPONDENT:
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1. THE STATE OF KERALA
REPRESENTED .BY THE SECRETARY TO HOME DEPARTMENT
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM-695001
2. DEPUTY SUPERINTENDENT OF POLICE,
TIRUR-676101, MALAPPURAM DISTRICT
WP(C).No. 6097 of 2013 (S) 2
3. THE SUPERINTENDENT
CENTRAL BUREAU OF INVESTIGATION, COCHIN UNIT
COCHIN-682018
4. UNION OF INDIA
REP.BY THENEW
SECRETARY TO THE MINISTRY OF EXTERNAL
AFFAIRS, DELHI-110001
5. THE CONSULATE GENERAL FOR INDIA, INDIAN EMBASSY,
DUBAI, UNITED ARAB EMIRATES
6. MOHAMMED ABDUL NOOR, 34 YEARS
S/O.ABDULLA MUSLIYAR, KAMBALA HOUSE
KUTTIPPURAM P O-679571, MALAPPURAM DISTRICT
FOR R1 AND R2 BY GOVT. PLEADER SRI. P.I. DAVIS
R3 BY CHANDRASEKHARA PILLAI SC CBI
R4 & R5 SRI. T. SANJAY, CENTRAL GOVT. COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15-07-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 6097 of 2013 (S) 3
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P1:-
KUTTIPURAMTRUE COPY OF THE FIR IN CR NO 564/2008 OF
POLICE STATION,
EXT.P2:- TRUE COPY OF THE INFORMATION SUPPLIED BY POICE
TO A QUERRY MADE BY A DEPOSITOR,
EXT.P3:-
WEEKLY DTDTRUE COPY OF THE REPORT PUBLISHED KERALA SABDAM
28/12/2008
EXT.P4:- TRUE COPY OF THE QUESTIONNAIRE AND THE
INFORMATION SUPPLIED TO THIS PETITIONER BY THE PUBLIC
INFORMATION OFFICER, OFFICE OF THE DY SP, TIRUR
EXT.P5: - TRUE COPY OF THE COMPLAINT FILED BEFORE THE
CHIEF MINISTER OF KERALA DTD 23/5/2011
EXT.P6:- TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE
CHIEF MINISTER OF KERALA DTD 8/7/2011
EXT.P7:- TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE
MINISTER FOR OVERSEAS INDIAN AFFAIRS, UNION OF INDIA,DTD
8/7/2011
EXT.P8:- TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE
DIRECTOR GENERAL OF PUBLIC GRIVANCES, UNION OF INDIA, NEW
DELHI DTD 8/7/2011
EXT.P9:- TRUE COPY OF THE COMMUNICATION ISSUED BY THE S I
OF POLICE KUTTIPPURAM TO THE IST PETITIOENR
EXT.P10:- TRUE COPY OF THE PRIVATE COMPLAINT FILED BEFORE
THE JFCM TIRUR(CMP 4431/09)
EXT.P11:- TRUE COPY OF THE STATEMENT FILED B THE 2ND
RESPONDENT IN WPC NO 27040/2011
WP(C).No. 6097 of 2013 (S) 4
EXT.P12:- TRUE COPY OF THE INTERIM ORDER DTD 8/12/2012 OF
THIS COURT IN WPC 27040/2011
EXT.P13:- TRUE COPY OF THE STATEMENT FILED BY THE 2ND
RESPONDENT IN WPC 27040/2011 DTD 17/2/2012
EXT.P14:- TRUE COPY OF THE JUDGMENT IN WPC NO 27040/2011
DTD 29/2/2012
EXT.P15:- TRUE COPY OF THE COMMUNICATION DTD 21/12/2012
ISSUED BY THE DISTRICT POLICE CHIEF TO THE IST PETITIONER.
/truecopy/
P.S. ToJudge
MANJULA CHELLUR, C.J
&
P.R. RAMACHANDRA MENON, J.
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W.P.(C) NO. 6097 OF 2013
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Dated this the 15th day of July, 2014
JUDGMENT
Ramachandra Menon, J.
Petitioners have approached this Court seeking the investigation in Crime No. 546/2008 of the Kuttippuram Police Station to be taken over by the 3rd respondent - CBI, alleging lapse on the part of the State Police Department.
2. The materials produced before this court reveals that the petitioners had approached this court earlier with regard to the offences committed by the 6th respondent herein who had collected various deposits from the general public, assuring that if they invested a sum of Rs. 1,00,000/-, share of profits should be given at the rate of Rs. 5,000/- per month. By such exercise, huge amounts were collected and the general public has been deceived giving W.P.(C) NO. 6097 OF 2013 2 rise to various offences. It is stated that the 6th respondent is having his base of operation abroad. In such circumstances, the petitioners had approached this Court by filing W.P. C. 27040/2011 seeking for a direction to be given to the second respondent not to submit the final report in Crime No. 546/2008 of the Kuttipuram Police and to hand over the investigation to the 3rd respondent - CBI. After hearing both sides, a learned Single Judge of this Court observed that there was absolutely no lapse on the part of the police and that there was absolutely no basis for the allegation levelled against the State Police. Accordingly, interference was declined and the Writ Petition was dismissed as per Ext. P14 judgment dated 29-2-2012. The petitioners have approached this Court again by filing the present Writ Petition, almost raising a similar relief, pointing out that the District Police Chief Vide Ext. P15 report dated 21-12-2012 has referred to the facts and W.P.(C) NO. 6097 OF 2013 3 figures and has opined that, it will be better to have the investigation handed over to a 'Special Agency'. The Case of the petitioners is that the local Police has virtually conceded their lapses by recourse to Ext. P15 and hence the matter is to be reconsidered. It is accordingly, that the present petition has been filed, styled as a 'public Interest litigation'.
3. Heard the learned Government Pleader appearing for respondents 1 to 3 as well as the learned Standing Counsel for the CBI at length, apart from the learned counsel for the petitioner.
4. A statement has been filed by the Investigating Officer concerned with regard to the course and events. On going through the statement, it is seen that apart from Crime No. 546/2008 for offences under Sections 420 and 406 read with Sec. 34 IPC and other provisions under the Kerala Money Lenders Act against the 6th respondent herein, W.P.(C) NO. 6097 OF 2013 4 complaints have been received from different corners and accordingly, crimes have been registered against him in the year 2012 (Crime No. 3/12 of Kuttippuram Police Station, 5/12 of Valancherry Police Station) and 6/12 of Tirur Police Station and the investigation is going on. It is stated that, after considering the nature of the crime and the extensive operation, the investigation has been transferred to "CBCID OCW -III", Malappuran Sub Unit and that the investigation is being conducted by the team headed by a Deputy Superintendent of Police. The factual particulars as to the course of investigation and the stage are discernible from paragraphs 5 and 6, which are in the following terms:
"5. As part of the investigation the different Bank Accounts of the Ist accused was freezed. Details of various properties owned by the Ist accused was collected. Report was submitted before the JFCM Court, Tirur regarding various properties owned by the Ist accused in Kuttippuram Village for confiscation. In order to ascertain the details of the landed properties owned by the Ist accused requests were addressed to all the District Registrars. Investigation revealed that the Ist Accused owns W.P.(C) NO. 6097 OF 2013 5 duplex flats in Royal Enclave at Iringalloor. As per the directions of this Honourable Court report was submitted before the JFCM, Tirur to confiscate the property of the Ist Accused at abroad under Section 105 (2) Cr.P.C. The same was forwarded to the concerned Dubai Court through the Ministry of Home Affairs, New Delhi. However, this report was returned requesting to identify the actual property owned by A1 in Dubai.
6. Prior to the investigation being transferred to CBCID A1 went abroad after getting bail. However, pursuant to the warrant issued A1 surrendered before the JFCM Court, Tirur on 29- 10-2013. He was taken into custody on 31-10- 2013 to 03-11-2013 by the CBCID and questioned him in detail. Thereafter, he was released on bail by the JFCM Court, Tirur. While questioning the Ist accused he disclosed that the revolver was given to him by one Hamza Musaliyar. Pursuant to the said disclosure Hamza Musaliyar was arrested and was included as 5th accused in the above case".
5. It is brought to the notice of this Court that, nearly 300 depositors have already invested amount and that the parties who lost the money have already approached the civil court by filing civil suits also getting interim orders attaching the properties of the 6th respondent. W.P.(C) NO. 6097 OF 2013 6
6. After hearing both sides, this Court finds that, if the petitioners have any grievance, it is always open for them to approach the police by filing necessary complaints in respect of the offences, if any, or to approach the civil court for redressal of their grievance. Since the investigation has already been handed over to the CBCID, a special agency, headed by a Dy.S.P. this Court does not find it necessary to consider any other issue as no grievance can subsist further. Accordingly, interference is declined and this Writ Petition is dismissed.
Sd/-MANJULA CHELLUR,
CHIEF JUSTICE
Sd/- P.R. RAMACHANDRA MENON,
JUDGE
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P.S.ToJudge
W.P.(C) NO. 6097 OF 2013 7