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Beena Radhakrishnan v. State of Kerala

Kerala HC18 Nov 2019WP(C)/17170/2018

Case brief

AI extract

What is this about?

The Court directed the competent police authority to entrust the investigation of Crime No.1785/2015 to the State Crime Branch within two weeks, citing the need for a full-fledged investigation due to the property value exceeding 500 crores across multiple districts.

What did the court decide?

Order issued directing the State Police Chief to entrust the investigation of Crime No.1785/2015 to the State Crime Branch within two weeks from the date of producing the certified copy of the judgmen

Beena Radhakrishnan Vs State of Kerala — Writ and Judicial Review | Kerala HC (2019)

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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 ALEXANDER THOMAS

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MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

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WP(C).No.17170 OF 2018(U)

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PETITIONER:

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BEENA RADHAKRISHNAN AGED 79 YEARS, W/O.LATE P.G.RADHAKRISHNAN, MATHRUSMRUTHY, UNION CLUB ROAD, KOTTAYAM DISTRICT.

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BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE SRI.K.ANAND (A-1921) BY BEENA RADHAKRISHNAN (PARTY IN PERSON)

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE CENTRAL BUREAU OF INVESTIGATION THIRUVANANTHAPURAM UNIT, REPRESENTED BY THE DEPUTY SUPERINTENDENT.

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3 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, KOTTAYAM DISTRICT-686 001

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4 THE SUB INSPECTOR OF POLICE KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT-686 001.

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5 THOMAS CHERIAN AGED ABOUT 68 YEARS, ANGADISSERIL HOUSE, KALATHIKKADAVU, KOLLADU PO, KOTTAYAM DISTRICT-686 029.

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WP(C).No.17170 OF 2018(U)

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6 MURALEEDHARAN NAMBOOTHIRI "CHAITHRAM", EERAYIL KADAVU, KOTTAYAM DISTRICT-686 631.

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7 A.V.DIVAKARAN AGED ABOUT 60 YEARS, S/O.VASU, E.P.NO.8/594, PATHMARAGAM, VADAKKENADA, ETTUMANOOR, KOTTAYAM DISTRICT-686 631.

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8 ANJO JOSE S/O.T.T.JOSE, THACHEDATH, MAS ENTERPRISES, KAKKANAD, KOCHI, ALSO AT NANMA CHITS & FINANCERS LTD, VENDENMEDU.

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9 ANU THOMAS W/O.THOMAS CHERIAN, ANGADISSERIL HOUSE, KALATHIKKADAVU, KOLLADU PO, KOTTAYAM DISTRICT-686 029.

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10 TREESA ELIZABETH THOMAS D/O.THOMAS CHERIAN, CHARTERED ACCOUNTANT, ANGADISSERIL HOUSE, KALATHIKKADAVU, KOLLADU PO, KOTTAYAM DISTRICT-686 029.

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R10 BY ADV. SMT.SREEJA SOHAN.K. R2 BY ADV. SRI. SASTHAMANGALAM S. AJITHKUMAR SPL.P.P. FOR C.B.I. R5-R9 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR BY ADV. SRI.P.GOPINATH BY ADV. SRI.K.JOHN MATHAI BY ADV. SRI.JOSON MANAVALAN BY ADV. SRI.JAI MOHAN BY ADV. SRI.KURYAN THOMAS BY ADV. SRI.PAULOSE C. ABRAHAM

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SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.17170 OF 2018(U)

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ALEXANDER THOMAS, J.

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===========================

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W.P(C) No.17170 of 2018

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=========================== Dated this the 18^th day of November, 2019

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JUDGMENT

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The prayer in the above Writ Petition (Civil) is as follows:

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“...........to direct the 1^st respondent to entrust the investigation of Crime No.1785/2015 of the Kottayam West Police Station, Kottayam District with the 2^nd respondent pending disposal of the writ petition, in the interest of justice.”

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Heard Sri.S.Rajeev, learned counsel appearing for the petitioner (de facto complainant), Sri.Santhosh Peter, learned Public Prosecutor appearing for R-1, R-3 & R-4 and Sri.M.Gopikrishnan Nambiar, learned Advocate has taken notice for R-5. In this case, the Investigating Officer concerned had earlier filed statement dated 12.04.2019 and now yet another additional statement dated 16.11.2019 has also been filed by the Investigating Officer. It has been inter alia stated in the last paragraph of the additional statement dated 16.11.2019 filed by the Investigating Officer as follows:

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“On verifying through the facts, circumstances and the value of property involved in the case it is learned that a full-fledged investigation is highly necessary to elicit the truth. According the petitioner, the value of property misappropriated by the accused persons is above 500 crores. Investigation is to be

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WP(C).No.17170 OF 2018(U)

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conducted in various districts like, Ernakulam, Kannur, Thiruvananthapuram and Kottayam. Much effort is to be taken for collecting evidences. Hence it is desirable to facilitate the investigation of the case through a full time investigating agency like Crime Branch.”

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In view of the abovesaid stand taken by the Investigating Agency as reflected in the abovesaid additional statement, it is ordered that the State Police Chief concerned or the competent police authority concerned will pass necessary orders entrusting the investigation in respect of the present Crime No.1785/2015 of Kottayam West Police Station to the State Crime Branch, without further delay and orders in that regard should be passed by the said competent police authority, within two weeks from the date of production of a certified copy of this judgment. The learned Public Prosecutor will ensure that a certified copy of this judgment is furnished to the State Police Chief concerned as well as to the Head of the State Crime Branch, for necessary information and further action.

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With these observations and directions, the above Writ Petition (Civil) will stand disposed of.

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Sd/-

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ALEXANDER THOMAS JUDGE

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vgd

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WP(C).No.17170 OF 2018(U)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 : TRUE COPY OF THE ORDER OF THE CENTRAL INFORMATION COMMISSION IN APPEAL NO.2986/ICPB/2008 DATED 5-11-2008.

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EXHIBIT P2 : TRUE COPY OF THE LETTER NO.ROC(K)/PC03/COMP/U15122KL1987 PLC004827/2015/3000 DATED 2-11-2015 ISSUED BY THE REGISTRAR OF COMPANIES, KERALA.

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EXHIBIT P3 : TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE HON'BLE HOME MINISTER OF THE STATE OF KERALA.

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EXHIBIT P4 : TRUE COPY OF THE CRL.M.P.NO.4439/2015 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOTTAYAM.

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EXHIBIT P5 : TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1785/2015 OF THE KOTTAYAM WEST POLICE STATION.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R5(A) A TRUE COPY OF THE REPORT DATED 20.06.2018 AND THE CERTIFIED LIST OF SHAREHOLDERS PREPARED BY SHRI.VIVEK KUMAR, COMPANY SECRETARY, BASED ON THE DOCUMENTS AVAILABLE AT THE MINISTRY OF CORPORATE AFFAIRS, GOVT. OF INDIA, WITH REGARDING TO THE COMPANY

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EXHIBIT R5(B) A TRUE COPY CERTIFICATE DATED 20.06.2018 ISSUED BY SHRI.VIVEK KUMAR, COMPANY SECRETARY. EXHIBIT R5(C) A TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT DATED 06/01/2017 IN CRIMINAL APPEAL NO.42/2107

Beena Radhakrishnan v. State of Kerala

Case brief

What is this about?

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Beena Radhakrishnan v. State of Kerala

Case brief

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