Partly allowed

N. v. Sanjeev v the State of Kerala

Kerala HC3 Dec 2020WA/1540/2020

Case brief

AI extract

What is this about?

High Court allowed a writ appeal in part, modifying a lower court order investigating temple fund misappropriation. It directed the IO to secure certified copies of records from pending civil suits within two weeks and expedite the final report, permitting an audit if necessary to elucidate facts.

What did the court decide?

Determined to secure certified copies from Munsiff Court within two weeks and expeditiously finalize investigation and file a final report, with liberty to audit accounts if necessary.

N. v. Sanjeev Vs the State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2020)

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W.A. No. 1540 of 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942

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WA.No.1540 OF 2020

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AGAINST THE JUDGMENT DATED 07.10.2020 IN WP(C) 28678/2019(H) OF HIGH COURT OF KERALA

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APPELLANT/PETITIONER IN W.P.(C) NO.28678/2019:

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N. V. SANJEEV

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AGED 63 YEARS

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S/O. VIJAYAPPAN, NADUVILE VEETTIL, KADAKKARAPPALLY P. O., PATTANAKKADU, CHERTHALA, ALAPPUZHA DISTRICT - 688 529.

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BY ADVS. SRI.ABDUL JAWAD K. SMT.A.GRANCY JOSE

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RESPONDENTS/RESPONDENTS IN W.P.(C) NO. 28678/2019:

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

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2 THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 010.

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3 THE DISTRICT POLICE CHIEF CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA - 688 012.

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4 THE STATION HOUSE OFFICER PATTANAKKADU POLICE STATION, ALAPPUZHA DISTRICT - 688 531.

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W.A. No. 1540 of 2020

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5 P. D. GAGARIN AGED 56 YEARS

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S/O. DIVAKARAN, POLLAYIL HOUSE, KADAKKARAPPALLY P. O., CHERTHALA, ALAPPUZHA DISTRICT - 688 529.

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6 RAMACHANDRAN AGED 73 YEARS

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S/O. PADMANABHAN, KAIPPARISSERI HOUSE, THAICKAL P. O., KADAKKARAPPALLY, CHERTHALA, ALAPPUZHA - 688 530.

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7 SAJESH AGED 34 YEARS S/O. RAVEENDRAN, NANTHAYATTU HOUSE, PATTANAKKADU P. O., CHERTHALA, ALAPPUZHA - 688 531.

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8 K. D. JAYARAJ AGED 53 YEARS S/O.DASARATHAN, KANDATHIPPARAMBIL HOUSE, VETTACKAL P. O., CHERTHALA, ALAPPUZHA - 688 529.

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9 N. N. SAJMON AGED 45 YEARS S/O.NARAYANAN, NIVARTHIL HOUSE, VETTACKAL P. O., CHERTHALA, ALAPPUZHA - 688 529.

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10 V. M. ARUNKUMAR AGED 47 YEARS S/O.MAHESWARAN, JOY NIVAS, KADAKKARAPPALLY P. O., CHERTHALA, ALAPPUZHA - 688 529.

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11 K. SHAJI AGED 59 YEARS

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S/O.KUMARAN, THARAYIL HOUSE, KADAKKARAPPALLY P. O., CHERTHALA, ALAPPUZHA - 688 529.

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12 P. G. SADANANDAN AGED 73 YEARS S/O.GANGADHARAN, NARMADA HOUSE, KADAKKARAPPALLY P. O., CHERTHALA, ALAPPUZHA - 688 529.

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13 PURUSHOTHAMAN AGED 65 YEARS

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S/O.KRISHNAN, MOOZHIKATTU HOUSE, PATTANAKKADU P. O.,

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CHERTHALA, ALAPPUZHA - 688 531.

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14 P. T. RAMESHAN AGED 53 YEARS PRANAVAM HOUSE, KADAKKARAPPALLY P. O., CHERTHALA, ALAPPUZHA - 688 529. 15 THE DEPUTY SUPERINTENDENT OF POLICE THE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688 524.

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SRI. TEK CHAND, SR GP FOR R1 TO R4 AND R15, SRI.V.N.SANKARJEE FOR R6, SRI.T.JAYAKRISHNAN FOR R7 TO R14

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A. No. 1540 of 2020

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Dated this the 3^rd day of December, 2020.

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JUDGMENT

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SHAJI P. CHALY, J.

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This appeal is preferred by the petitioner in W.P.(C) No. 28678 of 2019 challenging the judgment of the learned single Judge dated 07.10.2020, whereby the learned single Judge disposed of the writ petition with the following observations and directions:

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“ Earlier, the complainant approached this Court and got a direction to investigate a crime by deputing an officer not below the rank of Dy.S.P. Accordingly, Dy.S.P., Cherthala took up the investigation. The allegation is with respect to mis-appropriation of funds of a temple by its administrative committee members. It was submitted that even after the handing over the investigation to the Dy.S.P., Cherthala, no investigation worth the name conducted. The records pertaining to misappropriation of funds not seized. The learned Prosecutor submitted that the entire records were seized except those which were produced before the Munsiff Court in connection with the civil suit. The records yet to be verified by conducting a proper accounting. In the said circumstance, it is fit and proper to direct the Dy.S.P. to take the assistance of the one of the Accountants attached to the Travancore Devaswom Board to conduct a WP(C).No.28678 OF 2019(H) 4 proper

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accounting. All the records pertaining to the income and expenditure shall be forwarded to the accountant deputed by the Travancore Devaswom Board for the above said purpose. The Devaswom Commissioner of the Travancore Devaswom Board shall depute a qualified Accountant for that purpose within one week from the date of receipt of a copy of this judgment. The Dy.S.P.,,Cherthala shall address the concerned officials forthwith.”

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The reliefs sought for by the appellant in the writ petition

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were as follows:

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To issue a writ of mandamus commanding the respondents 1 and 2 to entrust investigation on Ext. P8 FIR to Economic Wing of Crime Branch or any other similar agency having expertise in the investigation of economic offences and to ensure that time bound effective investigation is done in the matter.

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In the alternative to direct the respondents 1 to 3 to entrust the investigation on Ext.P8 to superior Officers not below the rank of Dy.S.P and to see that time bound effective investigation is conducted in the matter.

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On going through the judgment of the learned single Judge, it

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can be seen that virtually the second relief sought for by the appellant in the writ petition was allowed and consequential directions were issued.

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The paramount contention advanced in the appeal is that in

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the judgment, no direction was issued by the learned single Judge to

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make an effective investigation and to file a final report within a time frame. Various other contentions are also raised, including that the investigation is unable to be proceeded with since collusive suits are filed by and between some parties, and all the relevant documents required for the purpose of investigation are produced before the Munsiff's Court, Cherthala in O.S. Nos. 205 and 284 of 2018. It is also contended that the learned single Judge has only directed to extend the help of an Accountant to proceed with the investigation, and unless and until an audit is directed to be carried out, the entire issues involved in the matter would not be able to be brought out.

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As per the direction issued by this Court, a statement is filed in the writ appeal by the Deputy Superintendent of Police, Cherthala, the Investigating Officer, from where we could gather that Crime No. 625 of 2019 of Pattanakkad Police Station under Sections 408, 409 and 417 r/w Section 34 of IPC is registered pursuant to the order of the Judicial First Class Magistrate, Cherthala as per Section 156(3) of Cr.P.C. It is also pointed out that initially, the Sub Inspector of Police conducted an investigation; but, pursuant to the direction in the writ petition leading to this appeal, investigation was handed over to the Deputy Superintendent of Police, Cherthala. As part of investigation,

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20 witnesses, including the de facto complainant, were questioned and records such as (1) Minutes book of Kandamangalam Temple Committee containing pages 1 to 258 (2) Daily cash book for the period from 03.04.2018 to 12.12.2019 containing pages 1 to 726 serially numbered (3) Monthly Income register from April, 2016 to March, 2019 containing pages serially numbered from 1 to 902 (4) Monthly Expense Register from April, 2016 to March, 2019 containing pages serially numbered 1 to 1334 (5) Monthly closure register for the period from April, 2018 to January, 2020 and (6) Bank Account Statement containing 35 pages were seized.

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It is also submitted that verification of records, including the receipts and expenditure vouchers, is being carried out to find out the veracity of the allegations as regards misappropriation. That apart, it is submitted that in connection with the affairs of the temple, two civil suits, namely O.S. Nos. 205 and 284 of 2018 are pending consideration before the Munsiff's Court, Cherthala. In the civil suits, account books and ledgers which are ncessary for carrying out investigation are produced and therefore, an application dated 20.07.2020 was filed for securing certified copies of the same and it is pending consideration before the Munsiff's Court. It is also submitted

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that the Travancore Devaswom Board Commissioner deputed a Sub Group Officer to assist the investigation in relation to the verification of accounts and transactions and the verification has commenced with effect from 06.11.2020. Other submissions are also made.

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We have heard Sri. Abdul Jawad for the appellant and the learned Senior Government Pleader Sri. Tek Chand for the State and its officials, and perused the pleadings and materials on record.

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Even though various contentions are raised in the writ appeal assailing the judgment of the learned single Judge, learned counsel for the appellant submitted that it would suffice, if a direction is issued to the Investigating Officer to expedite the proceedings in pending application before the Munsiff's Court for securing certified copies of the relevant documents, finalise the investigation and submit a final report before the Court within a time frame.

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After evaluating the rival submissions made across the Bar, we allow the writ appeal in part modifying the judgment of the learned single Judge and directing the Investigating Officer to take immediate steps for securing the certified copies from the Munsiff's Court, Cherthala in the suits specified above as expeditiously as possible and,

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at any rate, within two weeks from today, and carry out the

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investigation and submit a final report expeditiously as possible.

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In the process of investigation, if the Investigating Officer finds that audit of the accounts is required in order to elucidate the truth, the Investigating Officer will be at liberty to do so, taking into account the contentions raised in the appeal and the relevance and importance of the matter. We also direct the District Police Chief, Alappuzha to oversee the investigation conducted by the Deputy Superintendent of Police, Cherthala appropriately so as to ensure expeditious and time bound filing of the final report.

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S. MANIKUMAR, CHIEF JUSTICE.

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SHAJI P. CHALY, JUDGE.

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEDURE A: TRUE COPY OF THE INTERIM ORDER DATED 04.02.2020 IN W.P.(C) NO.28678/2019.

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RESPONDENTS' EXHIBITS: NIL

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/True Copy/

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PS To Judge.

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N. v. Sanjeev v the State of Kerala

Case brief

What is this about?

What did the court decide?

N. v. Sanjeev v the State of Kerala

Case brief

What is this about?

What did the court decide?

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