Disposed

N.K.Navas v. State

Kerala HC17 Dec 2021WP(C)/2250/2021

Case brief

AI extract

What is this about?

The petitioner complained of misappropriation of funds by office bearers of a Muslim Educational Society, alleging police apathy and influence. The court noted an initial inquiry report generated reluctance and that the current FIR was registered only after court intervention. It directed the Assistant Commissioner of Police to supervise the investigation to ensure a final report is laid within a

What did the court decide?

Direction to the Assistant Commissioner of Police, Kozhikode City, to supervise the investigation in Crime No. 1453/2020 and ensure the final report is laid within a reasonable time.

N.K.Navas Vs State — Writ and Judicial Review | Kerala HC (2021)

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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.HARIPAL

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FRIDAY, THE 17^TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943 WP(C) NO. 2250 OF 2021

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PETITIONER/COMPLAINANT:

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N.K.NAVAS AGED 60 YEARS S/O.KUNJI MUHAMMED, NEDIYAPARAMBIL HOUSE, ERIYAD, KODUNGALLUR, THRISSUR DISTRICT. BY ADVS.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.K.ANAND (A-1921)

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RESPONDENTS/STATE:

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1 STATE REP.BY HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM

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2 DIRECTOR GENERAL OF POLICE/STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695 001.

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3 DISTRICT POLICE CHIEF KOZHIKODE CITY, KOZHIKODE 673 001

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4 STATION HOUSE OFFICER NADAKKAVU POLICE STATION, KOZHIKODE DISTRICT 673 011 (CRIME NO.1453/2020 OF NADAKKAVU POLICE STATION, KOZHIKODE DISTRICT.)

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BY SRI. RENJITH T.R., SENIOR PUBLIC PROSECUTOR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C.)No.2250 OF 2021 2

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JUDGMENT

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Petitioner is a life member in Muslim Educational Society, which is a society registered under the Charitable Societies Act. He had complained that large scale misappropriation of funds have taken place in the society. When that was brought to the notice of the police, police was hesitating to take action. Then he approached the court with a complaint. Enquiry under Section 202 of the Code of Criminal Procedure was entrusted with the Assistant Commissioner of Police, Narcotic Cell, Kozhikode city who gave Ext.P1 report to the court. According to the learned counsel for the petitioner, only after going through Ext.P1, he realised the extent of misappropriation of funds committed in the society and that prompted him to file another complaint against the society, which was also not acted upon. Then he moved this Court with Crl. M.C. No. 4305/2020 and then only police had registered Crime No. 1453/2020 of Nadakkavu police station. There are other crimes also against the very same persons which is evident from Exts.P4 and P5. Whatever it may be, Crime No. 1453/2020 of Nadakkavu police station was registered only at the intervention of this Court. Still the investigation has not taken momentum and thus

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the petitioner has approached this Court seeking a writ of

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W.P.(C.)No.2250 OF 2021 3

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mandamus directing 2^nd and 3^rd respondents to entrust the investigation to an expert team/special investigation team to unearth large magnitude of corruption committed by highly influential persons who are the office bearers of the Society. The learned counsel submits that such apathy is shown by the Investigating Officers only under the influence of the accused persons who are highly placed and highly influential.

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The Inspector of police, Nadakkavu police station filed a statement denying the allegations in the writ petition. According to him, statement of the petitioner has already been recorded. But the learned counsel for the petitioner stoutly denied the same. Whatever it may be, there are reasons to think that there is lethargy on the part of the police in investigating the matter. Therefore, the Assistant Commissioner of Police, Kozhikode City is directed to supervise the investigation in Crime No. 1453/2020 of Nadakkavu police station and see that the final report is laid within a reasonable time.

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With this direction, the writ petition is disposed of.

SD/-

K.HARIPAL

JUDGE

DCS/17.12.2021

W.P.(C.)No.2250 OF 2021 4

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 A COPY OF THE ENQUIRY REPORT SUBMITTED BY THE SHRI. BIJURAJ, ASSISTANT COMMISSIONER OF POLICE, NARCOTIC CELL, KOZHIKODE.

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EXHIBIT P2 A COPY OF THE COMPLAINT FILED BY THE PETITIONER ON 25.8.2020 BEFORE THE STATION HOUSE OFFICER, NADAKKAVU POLICE STATION.

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CITY POLICE COMMISSIONER, KOZHIKODE DATED 08.09.2020

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EXHIBIT P4 COPY OF THE FIR IN CRIME NO.1539/2020 OF NADAKKAVU POLICE STATION.

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EXHIBIT P5 COPY OF THE FIR IN CRIME NO.1208/2020 OF TIRUR POLICE STATION.

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EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION DATED 5.1.2021 SUBMITTED BY THE PETITIONER.

N.K.Navas v. State

Case brief

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N.K.Navas v. State

Case brief

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