Disposed

James K Joseph v. State of Kerala

Kerala HC5 Dec 2018Crl.MC/4062/2018

Case brief

AI extract

What is this about?

Petitioner sought direction to transfer investigation of forgery and cheating allegations to an Insight level officer due to dissatisfaction regarding handling of Central Information Commissioner's communication. Court directed Additional DG Police to consider the communication along with other materials in the representation.

What did the court decide?

Directed the Additional Director General of Police (Crimes) to consider the Chief Information Commissioner's decision notice (Annexure VII) alongside the petitioner's application in the matter.

James K Joseph Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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WEDNESDAY,THE 05TH DAY OF DECEMBER 2018 / 14TH AGRAHAYANA, 1940

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Crl.MC.No. 4062 of 2018

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CRIME NO.275/2014 of VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM,RE-REGISTERED AS CRIME NO. 159/CR/2014 OF CBCID,THIRUVANANTHAPURAM

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PETITIONER:

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JAMES K JOSEPH AGED 67 YEARS, S/O. M.E. JOSEPH, SILVER OAKS, PTP NAGAR, THIRUVANANTHAPURAM.

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BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.K.DHEERENDRA KRISHNAN SRI.VINAY.V

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, KOCHI - 682 031. (CRIME NO.159/CR/2014 OF CBCID, THIRUVANANTHAPURAM, ORIGINAL CRIME NO. 275/2014 OF VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM)

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2 DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001.

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3 ADDITIONAL DIRECTOR GENERAL OF POLICE CRIME BRANCH, THIRUVANANTHAPURAM- 695 001 (CRIME NO. 159/CR/2014 OF CBCID, THIRUVANANTHAPURAM ORIGINAL CRIME NO. 275/2014 OF VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM).

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BY ADVS. DIRECTOR GENERAL OF PROSECUTION SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER SRI .S.SAJJU SR PP

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4062 of 2018

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O R D E R

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Crime No.275/2014 was registered at Vattiyoorkavu

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Police Station, Thiruvananthapuram for the offences under Sections 465,466,468,469 and 471 read with

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Section 34 IPC on the information given by the petitioner. Later it was renumbered as Crime No.159/CR/2014 of CBCID, Thiruvananthapuram which took over the investigation. Petitioner is not satisfied

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with the investigation. So his prayer is to entrust the investigation to a Police Officer not below the rank of IG of Police.

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Heard the learned counsel for the petitioner and

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the learned Public Prosecutor.

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Learned Public Prosecutor submits that the

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investigation is not conducted by Dy.SP. The essential allegation of the petitioner is that the accused forged report of the Intelligence Bureau and on the basis of which selection to the post of member of Central Administrative Tribunal was denied. The IB report is not yet available. Now the Central Information Commissioner has informed him by Annexure-VII

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Crl.MC.No. 4062 of 2018

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communication that there was no allegation of

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corruption against the petitioner in any report. This

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has not been taken into consideration by the investigating officer, the petitioner says. By the order passed in Crl.M.C No.5801/2016 this Court directed the Additional Director General of Police, Crime Branch to consider and dispose of Annexure-IV representation. It is sufficient that the Additional Director General of Police is directed to take into

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consideration Annexure-VII communication received from the Central Information Commissioner.

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In the result, this Crl.M.C is disposed of

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directing the Additional Director General of Police (Crimes) to consider Annexure-VII communication also along with the other materials in taking action on the representation made by the petitioner. The petitioner shall produce before the Additional Director General Police, Annexure-IV representation referred to in the order in Crl.M.C No.5801/2016 and Annexure-VII

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communication.

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Sd/K.ABRAHAM MATHEW JUDGE

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Crl.MC.No. 4062 of 2018

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE I TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER IN CRIME NO.159/CR/2014 OF CBCID, THIRUVANANTHAPRUAM

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ANNEXURE II TRUE COPY OF THE REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE, VATTIYOORKAVU POLICE STATION DATED 27.04.2016.

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ANNEXURE III TRUE COPY OF THE ORDER DATED 03.07.2017 IN CRL.MC NO.5801/2016 OF THIS HONOURABLE COURT

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ANNEXURE IV TRUE COPY OF THE REPRESENTATION DATED 08.12.2017 SUBMITTED BY THE PETITIONER

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ANNEXURE VI TRUE COPY OF THE NOTE SUBMITTED BY THE 2ND ACCUSED

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ANNEXURE VII TRUE COPY OF THE DECISION NOTICE OF THE CHIEF INFORMATION COMMISSIONER.

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RESPONDENT'S ANNEXURES: NIL

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//TRUE COPY//

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JS/05.12 PA TO JUDGE

James K Joseph v. State of Kerala

Case brief

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James K Joseph v. State of Kerala

Case brief

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