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Further investigation ordered as prior investigation constituted failed attempts by Investigation Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940

WP(C).No. 20039 of 2018

PETITIONER

BIJU,
AGED 42 YEARS, S/O. CHAKORU, THEKKINIYATH HOUSE,
PERINCHERI DESOM, CHOVVUR.

BY ADVS.SRI.N.M.MADHU
SRI.P.P.HARRIS
SMT.C.S.RAJANI

RESPONDENT(S)

1. THE STATE OF KERALA,
REP. BY THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001.

3. THE CIRCLE INSPECTOR OF POLICE,
TOWN EAST CIRCLE, THRISSUR CITY, THRISSUR DISTRICT-680001.

BY PUBLIC PROSECUTOR SRI. SAJJU S.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20039 of 2018 (D)

APPENDIX

PETITIONER(S)’ EXHIBITS

EXHIBIT P1 TRUE COPY OF FIRST INFORMATION REPORT IN CRIME
NO.2684/2014 OF TOWN EAST POLICE STATION,THRISSUR CITY.

EXHIBIT P2 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.2684/2014 OF TOWN EAST POLICE STATION,THRISSUR CITY.

EXHIBIT P3 TRUE COPY OF THE STATEMENT OF WITNESS (CW16)
UNDER SEC.164 OF THE CRIMINAL PROCEDURE CODE.

EXHIBIT P3(A) TRUE COPY OF THE STATEMENT OF WITNESS (CW17)
UNDER SEC.164 OF THE CRIMINAL PROCEDURE CODE.

EXHIBIT P3(B) TRUE COPY OF THE STATEMENT OF WITNESS (CW18)
UNDER SEC.164 OF THE CRIMINAL PROCEDURE CODE.

RESPONDENTS EXHIBITS

NIL

/TRUE COPY/

P.S. TO JUDGE

K.ABRAHAM MATHEW, J.

W.P.C. No. 20039 of 2018

Dated this the 05th day of July, 2018

JUDGMENT
On the information given by the petitioner Crime No.2684 of 2014 of Trichur Town East Police Station was registered for the offences under sections 406 and 420 IPC. The accused was his employee. He used to entrust with the accused gold for manufacture of ornaments. The allegation is that the accused misappropriated certain quantity of gold. After investigation the police filed Exhibit P2 Final Report. The investigating officer came to the conclusion that the accused committed the offences under section 406, 408 and 420 IPC. The petitioner is not satisfied with the investigation. So his prayer is to allow further investigation.

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2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. Three witnesses whose statements were recorded under section 164 Cr.P.C. disclosed that the accused sold them gold ornaments. The investigating officer did not recover them. This is the reason for the petitioner’s requesting for further investigation. It is seen from the case diary that the investigating officer did not make even an attempt to seize the gold ornaments from the three W.P.C. No. 20039 of 2018 witnesses. There is no reason for it. For this reason further investigation is necessary.

In the result this Writ Petition is allowed. Assistant Commissioner of Police, Thrissur City is directed to conduct further investigation in Crime No.2684 of 2014 (C.C.No.13 of 2016 on the file of the Chief Judicial Magistrate Court, Thrissur) and file final report within six months.

Sd/-

K. ABRAHAM MATHEW, JUDGE

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