Partly allowed

Puthurpally Muslim Jamaath Committee v. State Police Chief

Kerala HC8 Dec 2016WP(C)/34359/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition alleging insouciant investigation into embezzlement of Waqf funds. The Court directed the District Police Chief to transfer investigation to the Circle Inspector for supervised expeditious handling.

What did the court decide?

Direction to the 2nd respondent to pass orders handing over investigation to the 4th respondent, monitored by the 3rd respondent.

Puthurpally Muslim Jamaath Committee Vs State Police… — Writ and Judicial Review | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 8TH DAY OF DECEMBER 2016/17TH AGRAHAYANA, 1938 WP(C).No. 34359 of 2016 (T) ----------------------------

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PETITIONER(S):

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PUTHURPALLY MUSLIM JAMAATH COMMITTEE CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 101, REPRESENTED BY ITS PRESIDENT, HAJI P.S.MUHAMMED BASHEER, AGED 72, S/O.HAJI P.K.SAYID MUHAMMED RAWATHER, ASHIYANA HOUSE, NEAR MUNICIPAL OFFICE, CHANGANACHERRY, KOTTAYAM DISTRICT-686 101. 2. HAJI P.S.MUHAMMED BASHEER AGED 72, S/O.HAJI P.K.SAYID MUHAMMED RAWATHER, PRESIDENT, PUTHOORPALLY MUSLIM JAMA'ATH, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 101. BY ADVS.SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S. SRI.T.P.ABDUL HAMEED

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RESPONDENT(S):

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THE STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001.

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THE DISTRICT POLICE CHIEF DISTRICT POLICE OFFICE, CIVIL STATION, KOTTAYAM DISTRICT, PIN-686 002.

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DEPUTY SUPERINTENDENT OF POLICE CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 101.

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CIRCLE INSPECTOR OF POLICE, POLICE STATION, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 101.

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SUB INSPECTOR OF POLICE POLICE STATION, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 101.

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ADDITIONAL DIRECTOR GENERAL OF POLICE (SOUTH ZONE) POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695 001.

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MANJU SHAFEEQ AGED ABOUT 35 YEARS, W/O.SHAFEEQ, PUTHUMANA HOUSE, OVELI KUNNAKAD, FATHIMAPURAM PO CHANGANACHERRY, KOTTAYAM DISTRICT, PIN-686 102. R BY GOVERNMENT PLEADER, SRI. AMJAD ALI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-122016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CONTD.....

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:2:

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WP(C).No. 34359 of 2016 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 : TRUE COPY OF THE COMPLAINT DATED 28-9-2016 FILED BY THE TREASURER OF THE PUTHURPALLY MUSLIM JAMA-ATH CHANGANASSERY BEFORE THE SUB INSPECTOR OF POLICE,CHANGANASSERY.

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EXHIBIT P2 : TRUE COPY OF THE COMPLAINT DATED 3-10-2016 FILED BY THE TREASURER OF THE PUTHURPALLY MUSLIM JAMA-ATH CHANGANASSERY BEFORE THE DISTRICT POLICE CHIEF, KOTTAYAM.

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EXHIBIT P3: TRUE COPY OF FIR NO.2811 OF 2016 DATED 6-10-2016 CHANGANASSERY POLICE STATION, CHANGANASSERY.

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EXHIBIT P4 : TRUE COPY OF THE COMPLAINT FILED BEFORE 1ST RESPONDENT BY THE 2ND PETITIONER DATED 11-10-2016.

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EXHIBIT P5 : TRUE COPY OF COMPLAINT DATED 11-10-2016 FILED BEFORE THE 6TH RESPONDENT BY THE PETITIONER.

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EXHIBIT P6 : TRUE COPY OF THE REPRESENTATION DATED 21-10-2016 FILED BEFORE THE HON'BLE CHIEF MINISTER OF KERALA.

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RESPONDENT(S)' EXHIBITS : NIL -----------------------

//TRUE COPY//

P.A. TO JUDGE

SKS

RAJA VIJAYARAGHAVAN.V, J

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----------------------------------------

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W.P.C. No. 34359 of 2016

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Dated this the 8^th day of December, 2016

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JUDGMENT

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1.The 1^st petitioner is an ancient Waqf, namely, Puthurpally Muslim Jama'ath Committee, Changanassery, which is represented by the 2^nd petitioner who is its President. The

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1^st petitioner is registered under Kerala State Waqf Board. It is asserted that there are not less than 10,000 members in the Waqf.

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2.The grievance of the petitioner is that the 7^th respondent who was the accountant of the Jama'ath had swindled large sums of money. On the basis of the above allegations, Crime No.2811 of 2016 was registered on 6.10.2016 at the Changanasserry Police Station.

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3.According to the petitioner, investigation that is being conducted is utterly insouciant and no steps are being

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W.P.C. No. 34359 of 2016 2

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taken by the officer concerned to bring the culprits to book. The right to a speedy and fair investigation guaranteed to the petitioner is being violated is the submission .

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The learned Public Prosecutor on instructions submits that the crime is presently being investigated by the Assistant Sub-Inspector of Police, Changanassery. On instructions, it is submitted that , as the allegations involve public money , the investigation can be handed over to the Circle-Inspector of Police, who shall investigate the crime under the supervision of the 3^rd respondent.

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Without going into the truthfulness or otherwise of the allegations raised against the 7^th respondent , which can only be revealed at the culmination of the investigation , this petition is disposed of with a direction to the 2^nd respondent to pass appropriate orders, handing over the investigation in Crime No 811 of 2016 of the Changanasserry Police Station to the 4^th respondent . The

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W.P.C. No. 34359 of 2016

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investigation shall be monitored and supervised by the 3^rd respondent. All efforts shall be made to expeditiously submit appropriate report before the jurisdictional court.

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This petition is disposed off.

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sd/RAJA VIJAYARAGHAVAN.V. JUDGE

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SKS

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//TRUE COPY//

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P.A. TO JUDGE

Puthurpally Muslim Jamaath Committee v. State Police Chief

Case brief

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Puthurpally Muslim Jamaath Committee v. State Police Chief

Case brief

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