The High Court dismissed a writ petition and criminal miscellany cases alleging the FIR was a counter blast by excise officials. The court held that prima facie evidence contradicted the petitioners and dismissed the petition to set aside the investigation order.
The Crl.M.Cs. and the writ petition to set aside the investigation order were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942
Crl.MC.No.3144 OF 2017(C)
CRIME NO.1210/2017 OF CHAVARA POLICE STATION, KOLLAM
PETITIONER:
B.SURESH, AGED 50 YEARS, S/o BALACHANDRAN NAIR, SURESH BHAVAN, NEDUNGOLAM P.O., SOUTH PRAVUR, KOLLAM DISTRICT, NOW WORKING AS EXCISE CIRCLE INSPECTOR, ARYANKAVU, KOLLAM DISTRICT.
BY ADV. SRI.V.VENUGOPALAN NAIR
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM.
R5 BY ADVS. SRI.R.MOHANA BABU
SRI.M.AJITH (KARICODE)
R1-R4 & R6 BY PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH Crl.MC.4089/2017(A), WP(C).13962/2017(U), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942
Crl.MC.No.4089 OF 2017 (A)
CRIME NO.1210/2017 OF CHAVARA POLICE STATION, KOLLAM
PETITIONERS:
2 MANOJLAL, AGED 38, S/o MANIKANTAN, PRESENTLY WORKING AS CIVIL EXCISE OFFICER, EZHUKONE EXCISE RANGE AND RESIDING AT MANJU NIVAS, SAKTHIKULANGARA PO., KOLLAM.
VEEDU, MANGADU PO, KOLLAM.
BY ADV. SRI.V.VENUGOPALAN NAIR
RESPONDENTS:
Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017
3
6 THE S.I OF POLICE, CHAVARA, KOLLAM DISTRICT -689001.
R5 BY ADVS. SRI.R.MOHANA BABU SRI.M.AJITH (KARICODE) R1-R4 & R6 BY PUBLIC PROSECUTOR SRI. E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH Crl.MC.3144/2017(C), WP(C).13962/2017(U), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942
WP(C).No.13962 OF 2017
PETITIONER :
B.SURESH, AGED 50 YEARS, S/o BALACHANDRAN NAIR, SURESH BHAVAN, NEDUNGOLAM P.O., SOUTH PARAVUR, KOLLAM DISTRICT, NOW WORKING AS EXCISE CIRCLE ISPECTOR, ARYANKAVU, KOLLAM DISTRICT.
BY ADV. SRI.V.VENUGOPALAN NAIR
RESPONDENTS:
REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM, PIN -695001
BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.03.2021, ALONG WITH Crl.MC.3144/2017(C), Crl.MC.4089/2017(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017
5
ORDER
The alleged act of theft and malpractice done by
excise officials, the Circle Inspector of Police attached to the Excise Department and other officials by committing trespass into the house of the defacto complainant and theft of her gold ornaments kept in the house was brought to the notice of one of the superior police officers in writing, who, in turn, forwarded the
same to the Station House Officer concerned. But instead of registering an FIR, he conducted a quick enquiry and submitted Annexure A3 report to his superior officer rejecting the allegations, against which she again approached the superior officer. Thereon, it was entrusted with the Assistant Commissioner of Police, who, in turn, registered a crime, against which, accused Nos.1 to 4 came up.
Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017
6
which, it is contended that the crime registered
against them is only a counter blast, having no truth or bonafides.
submitted that they have produced a CD before the
Assistant Commissioner of Police containing the
telephone conversion between the defacto complainant
and the accused persons, in which they made an offer to
return the gold ornaments taken away from her house.
Commissioner of Police, if found to be genuine, would
prima facie satisfy the allegation levelled against.
Hence, it is not fit and proper to exercise the
inherent jurisdiction under Section 482 Cr.P.C. to quash the proceedings. The prayer in the writ petition to set aside the order issued by the superior officer for conducting investigation hence fails.
The Crl.M.Cs. and the writ petition are dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017
7
APPENDIX OF Crl.MC 3144/2017
PETITIONER'S ANNEXURES:
ANNEXURE A1 A TRUE COPY OF THE COMPLAINT LODGED BY SMT. SARANYA, AGED 26, VIJAYA VIHAR, VATTATHARA MURRY, CHAVARA VILLAGE, KOLLAM DISTRICT BEFORE THE EXCISE DEPUTY COMMISSIONER, KOLLAM, DATED 30-10-13
ANNEXURE A2 A TRUE COPY OF THE REPORT DATED 18-1-14 SUBMITTED BY THE INSPECTOR OF POLICE CHAVARA TO THE ASSISTANT COMMISSIONER OF POLICE KARAUNAGAPPALLY.
ANNEXURE A3 A TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT SUBMITTED BY THE ASSISTANT EXCISE COMMISSIONER, KOLLAM BEFORE THE CONCERNED JFMC, ON FURTHER INVESTIGATION IN CRIME NO.133/2013.
ANNEXURE A4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE ACCUSED IN CRIME NO 133/2013 OF EXCISE RANGE KOLLAM DATED 28-9-2016
ANNEXURE A5 A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 18.10.2016
ANNEXURE A6 CERTIFIED COPY OF THE FIR IN CRIME NUMBER 1210/17 OF CHAVARA POLICE STATION
RESPONDENTS' ANNEXURE:
ANNEXURE R5(A) : TRUE COPY OF THE REPORT OBTAINED AS PER RTI.
ANNEXURE R5(B) : TRUE COPY OF THE REPORT OF DISTRICT POLICE CHIEF, KOLLAM TO THE EXCISE COMMISSIONER.
ADDITIONAL CERTIFIED COPY OF THE JUDGMENT OF SC 1049/14 ANNEXURE R5(D) : OF THE HON'BLE ADDL.SESSIONS JUDGE (ABKARI CASES), KOTTARAKKARA.
ADDITIONAL CERTIFIED COPY OF DEPOSITION GIVEN BY VIJAYAN A ANNEXURE R5(E) : EXCISE VIGILANCE OFFICER BEFORE THE HON'BLE ADDL. SESSIONS JUDGE (ABKARI CASES), KOTTARAKKARA DATED 04.11.2010.
// TRUE COPY//
P.A. TO JUDGE
Crl.M.C.Nos.3144/17, 4089/17 &
W.P.(C) No.13962/2017
8
APPENDIX OF Crl.MC 4089/2017 PETITIONERS' ANNEXURES:
ANNEXURE A1 A TRUE COPY OF THE COMPLAINT LODGED BY SMT.SARANYA, AGED 26, VIJAYA VIHAR, VATTATHARA MURRY, CHAVARA VILLAGE, KOLLAM DISTRICT BEFORE THE EXCISE DEPUTY COMMISSIONER, KOLLAM, DATED 30.10.13.
ANNEXURE A2 A TRUE COPY OF THE REPORT DATED 18.1.14 SUBMITTED BY THE INSPECTOR OF POLICE CHAVARA TO THE ASSISTANT COMMISSIONER OF POLICE KARUNAGAPPALLY.
ANNEXURE A3 A TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT SUBMITTED BY THE ASSISTANT EXCISE COMMISSIONER, KOLLAM BEFORE THE CONCERNED JFMC, ON FURTHER INVESTIGATION IN CRIME NO.133/2013. ANNEXURE A4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE ACCUSED IN CRIME NO.133/2013 OF EXCISE RANGE KOLLAM DATED 28.9.2016. ANNEXURE A5 A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 2.10.2017. ANNEXURE A6 COPY OF THE FIR IN CRIME NUMBER 1210/17 OF CHAVARA POLICE STATION.
RESPONDENTS' ANNEXURE:
ANNEXURE R5(A) : TRUE COPY OF THE REPORT OBTAINED AS PER RTI ANNEXURE R5(B) : TRUE COPY OF THE DEPOSITION BY 1st PETITIONER M.MAHESH IN SC 1049/2014 GIVEN BEFORE THE ABKARI SPECIAL COURT, KOTTARAKKARA.
ANNEXURE R5(C) : TRUE COPY OF THE DEPOSITION BY B. SURESH, EXCISE CIRCLE INSPECTOR IN SC 1049/2014 GIVEN BEFORE THE ABKARI SPECIAL COURT, KOTTARAKKARA. // TRUE COPY //
P.A. TO JUDGE
Crl.M.C.Nos.3144/17, 4089/17 & W.P.(C) No.13962/2017
9
APPENDIX OF WP(C) 13962/2017
PETITIONER'S EXHIBITS:
EXHIBIT P1: A TRUE COPY OF THE COMPLAINT LODGED BY SMT. SARANYA, AGED 26, VIJAYA VIHAR, VATTATHARA MURRY, CHAVARA VILLAGE KOLLAM DISTRICT BEFORE THE EXCISE DEPUTY COMMISSIONER, KOLLAM, DATED 30.10.13. EXHIBIT P2: A TRUE COPY OF THE REPORT DATED 18.1.14 SUBMITTED BY THE INSPECTOR OF POLICE CHAVARA TO THE ASSISTANT COMMISSIONER OF POLICE KARUNAGAPPALLY. EXHIBIT P3: A TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT SUBMITTED BY THE ASSISTANT EXCISE COMMISSIONER, KOLLAM BEFORE THE CONCERNED JFMC, ON FURTHER INVESTIGATION IN CRIME NO.133/2013. EXHIBIT P4: A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE ACCUSED IN CRIME NO.133/2013 OF EXCISE RANGE KOLLAM DATED 28.9.2016. EXHIBIT P5: A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 2.10.2017. RESPONDENTS' EXHIBIT: NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether the FIR is merely a counter blast without truth or bonafides and if the warrant of the inherent jurisdiction to quash could be applied.
1 provisions across 1 enactments
B.SURESH
STATE OF KERALA
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
