Kerala High Court
Chandrika Balan vs Deputy Superintendent Of Police on 25 January, 2022
Author: Sunil Thomas
Bench: Sunil Thomas
WP(C) No.26589/2019 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
Tuesday, the 25th day of January 2022 / 5th Magha, 1943
WP(C) NO. 26589 OF 2019
PETITIONER:
CHANDRIKA BALAN, AGED 70 YEARS, W/O. BALAN, PUZHAKKADAVIL HOUSE,
KANJANI ROAD, CHUNGAM THRISSUR - 680 003
RESPONDENTS:
1. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION
BUREAU, THRISSUR - 680 001
2. THE TRICHUR URBAN CO-OPERATIVE BANK LIMITED NO.87, MISSION HEAD
QUARTERS, THRISSUR DISTRICT, REPRESENTED BY ITS GENERAL MANAGER -
680 001
3. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, AYYANTHOLE
THRISSUR - 680 003
4. PAULSON ALAPPATT, AGE UNKNOWN TO THE PETITIONER, FATHER'S NAME
UNKNOWN TO THE PETITIONER, CHAIRMAN TRICHUR URBAN CO-OPERATIVE BANK
LIMITED NO.87, MISSION HEAD QUARTERS., THRISSUR DISTRICT - 680 001.
Writ Petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent to immediately complete the
investigation in V.C 13/17/TCR pending before him expeditiously, pending
disposal of the writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
21.01.2020 and upon hearing the arguments of M/S.RAJIT & PARVATHY MANOJ,
Advocates for the petitioner, PUBLIC PROSECUTOR for R1, STANDING COUNSEL
for R2, GOVERNMENT PLEADER for R3 and of SRI.C.D.DILEEP, STANDING COUNSEL
for R4, the court passed the following:
WP(C) No.26589/2019 2/5
SUNIL THOMAS, J.
=================
W.P(C).No.26589 of 2019
=================
Dated this the 25th day of January, 2022
ORDER
Petitioner, claimed to be aggrieved by the auction conducted by the bank, of her gold ornaments hypothicated to Bank, has approached this Court. She claimed that, she had moved the Vigilance Court, Thrissur by filing Ext.P5, in which, an investigation was ordered. However, no further action was taken. The relief sought is for a direction to report the stage of investigation in VC 13/17/TSR and to direct the 1 st respondent to complete investigation in the above case and to submit the final report as expeditiously.
2. The records show that, Ext.P5 was a complaint submitted by one Krishnakumar, in which the Vigilance Court ordered enquiry. Ext.P6 factual report was filed. Thereupon, by Ext.P7 order, it was directed that, FIR shall be registered and investigated under sections 13(1)(c) and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act.. It seems that the investigation was conducted. Ext.R4D is a report filed by the Vigilance Department in Crl.M.C.No.663 of 2018 filed by few persons against whom investigation was progressing. In the report, it was revealed that, WP(C) No.26589/2019 3/5 W.P(C).26589/2019 2 in V.C.No.13/17/TSR, though investigation was conducted, nothing was revealed to indicate commission of offences under the PC Act. Based on this report, Crl.M.C.No.663 of 2018 was closed by this Court by Ext.R4E order recording that, in the light of the report filed before this Court and the final report proposed to be filed before the trial court, to close the investigation, nothing survives to be decided. In fact, the records show that, Ext.P5 is not a complaint laid by the writ petitioner nor she was the complainant in V.C.No.13/17/TSR, in which, the investigating agency seems to have filed a report proposing to close the investigation.
3. However, the learned counsel for the writ petitioner brought to my notice Ext.P8 order of the Vigilance Court, in Crl.M.P.No.1267 of 2018 filed by the writ petitioner before the Vigilance Court seeking permission to call for a report in V.C.No.13/17/TSR. Ext.P8(a) is the order dated 22.01.2019. It shows that a report was filed before the Vigilance Court regarding the stage of the case indicating that investigation was in progress. Some more witnesses were to be questioned and documents were to be verified. Recording this, Crl.M.P.No.1267 of 2018 was closed awaiting final report. Evidently, by order in Ext.R4E of this Court, it was recorded that, V.C.13/17/TSR was proposed to be closed WP(C) No.26589/2019 4/5 W.P(C).26589/2019 3 dropping the proceedings against the petitioner and final report was proposed to be filed. Subsequent to the above order dated 04.07.2018, Ext.P8(a) order was passed. In the circumstances, the only grievance that can now survive in relation to the writ petitioner is regarding the stage after Ext.P8(a). Accordingly, there will be a direction to the Vigilance to file a statement regarding the steps taken pursuant to Ext.P8(a). Call for a report from the Enquiry Commissioner and Special Judge, Thrissur as to the present stage of V.C.13/17/TSR, if it is pending. Await report.
Post on 11.02.2022.
H/o.
Sd/-
SUNIL THOMAS Judge Sbna/ 25-01-2022 /True Copy/ Assistant Registrar WP(C) No.26589/2019 5/5 APPENDIX OF WP(C) 26589/2019 EXHIBIT P5 TRUE COPY OF THE COMPLAINT EXHIBIT P6 TRUE COPY OF THE REPORT SUBMITTED BY THE 1ST RESPONDENT NO.Q.V.121/2016 THRISSUR DATED 3.12.2016 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 11-08-2017 EXHIBIT P8 TRUE COPY OF THE PETITION EXHIBIT P8(a) TRUE COPY OF THE ORDER DATED 22-01-2019 EXHIBIT R4(d) TRUE COPY OF THE REPORT FILED BY THE SPECIAL GOVERNMENT PLEADER (VIGILANCE) DATED 2/7/2018 IN CRL.M.C 663 OF 2018 EXHIBIT R4(e) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 4/7/2018 IN CRL.M.C 663 OF 2018