Disposed

Madukolu Chibuzor Samson v. State of Kerala

Kerala HC19 Oct 2022Crl.MC/561/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court of Kerala directed the police to complete the investigation into an offence falling under Sections 420, 465, 468, and 471 IPC read with Section 34 IPC within six months, citing the prolonged detention of accused foreigners from Nigeria.

What did the court decide?

Directed the Station House Officer to expedite investigation and complete it within six months from the date of receipt of the order.

Madukolu Chibuzor Samson Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 19^TH DAY OF OCTOBER 2022 / 27TH ASWINA, 1944

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CRL.MC NO. 561 OF 2022

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PETITIONERS/ACCUSED NOS.1 AND 6:

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1 MADUKOLU CHIBUZOR SAMSON AGED 31 YEARS,S/O GODFREY ARINZER MDKOLU AND BRIJECT MADIKOLU ANANBRA STATE, ONITSHA DISTRICT, AMANUKE TOWAN VILLAGE, AKWA NORTH, NIGERIA, PIN - 420115

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2 CHRISTIAN OBIJI ABUCHI AGED 37 YEARS,S/O COLNUS, LATE OWERRI (TOWN), MBANO IMO STATE, NIGERIA, PIN - 460271 BY ADVS. GODWIN JOSEPH VINOD.R

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH STATION HOUSE OFFICER, GURUVAYUR TEMPLE POLICE STATION, THRISSUR ERNAKULAM, PIN - 682031

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2 UNION OF INDIA REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001

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3 FOREIGNERS REGIONAL REGISTRATION OFFICER (FRRO) COCHIN INTERNATIONAL AIRPORT, 2ND FLOOR, AIRLINES BUILDING, NEDUMBASSERY ERNAKULAM, PIN - 683111 BY ADVS. PUBLIC PROSECUTOR MANU S. ASG OF INDIA SUVIN R MENON - CGC

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ADV. C.S.RITHWIK – SENIOR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No. 561 of 2022

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ORDER

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Dated this the 19^th day of October, 2022

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The petitioners are the accused nos. 1 & 6 in crime No.608/2018 of Guruvayoor Temple Police Station. The aforesaid crime was registered against the petitioners and others for the offences punishable under Sections 420, 465, 468, 471 read with Section 34 of Indian Penal Code.

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The petitioners were arrested on 01.02.2019 as part of the investigation of the said crime, and as per Annexure-B order passed by the Judicial First Class Magistrate Court, Chavakad, he was granted statutory bail under Section 167(2) of Cr.P.C. The release of the petitioners as per Annexure – B, order was subject to certain conditions and one of the conditions was that, they shall surrender the passport before the Court. However, since the petitioners could not surrender the passport, the petitioners are even now under detention.

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Crl.M.C. No. 561 of 2022

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The writ petition was submitted in such circumstances, seeking the following reliefs.

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I . Direct the respondents 1 to 3 to allow the officials of the High Commission of Nigeria at New Delhi to visit the petitioners and to undertake the biometric analysis for the purpose of verification of their identity for issuance of Passports within a reasonable time period.

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II. Direct the Investigating Officer to submit the Final Report expeditiously, at any rate within a period of one month.

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III. Issue a direction to the Hon'ble Judicial First Class Magistrate Court, Chavakkad, to complete trial at least within eight months from date of submission of the Final Report by the Investigating Officer.

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IV. Grant such other reliefs as may be prayed for and as the Court may deem fit to grant and , V. Grant the cost of this Crl.M.C.

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When the writ petition came up for consideration today, the learned counsel for the

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petitioner confined the relief to the 2^nd prayer sought in the writ petition, which is to direct the investigating officer to complete the investigation and submit a final

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Crl.M.C. No. 561 of 2022

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report expeditiously at any rate within a period of one month.

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On the other hand, the learned Government Pleader pointed out that, investigation in this case is even now in progress and since the allegations involved in the case pertains to the online transactions and fraud relating to banking transactions, some more materials have to be collected by contacting the relevant Banks and other persons concerned. Therefore, it is pointed out that, they require some more time.

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From the perusal of the records it is seen that, the crime has been registered in the year 2018 and even after a period of four years the investigation has not been completed. It is absolutely necessary that the investigation be completed within a time frame. This is particularly because the petitioners who are accused in the said crime are even now under detention. Therefore, any delay in completing the investigation, would cause serious prejudice to them.

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Crl.M.C. No. 561 of 2022

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In such circumstances, the Station House Officer, Guruvayoor Temple Police Station is directed to expedite

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the investigation and complete the same, as expeditiously as possible at any rate within a period of six months from the date of receipt of copy of this order.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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Crl.M.C. No. 561 of 2022

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APPENDIX OF CRL.MC 561/2022

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PETITIONER ANNEXU	RES
Annexure- A	A TRUE COPY OF THE FIR DATED 17.12.2018 IN CRIME NO. 608/2018 OF GURUVAYUR TEMPLE POLICE STATION.
Annexure - B	A TRUE COPY OF THE ORDER DATED 04.04.2019 IN CRL. M.P. NO. 3386/2019 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD.
Annexure - C	A TRUE COPY OF THE DETENTION ORDER DATED 05.03.2020 ISSUED BY THE 3RD RESPONDENT TO THE SUPERINTENDENT, CENTRAL PRISON, VIYYUR.
Annexure - D	A TRUE COPY OF THE ORDER DATED 18.12.2020 IN CRL. M.C. NO. 5300/2020 OF THE HON'BLE HIGH COURT OF KERALA.
Annexure - E	A TRUE COPY OF THE ORDER DATED 09.04.2021 IN CRL. M.C. NO. 5300/2020 OF THIS HON'BLE COURT.
Annexure - F	A TRUE COPY OF THE LETTER NO. ND/ADM/101/IV DATED 10.11.2021 ISSUED BY THE HIGH COMMISSION OF NIGERIA AT NEW DELHI TO THE 3RD RESPONDENT.
Annexure - G	A TRUE COPY OF THE LETTER NO. ND/ADM/101/T DATED 12.01.2022 ISSUED BY THE HIGH COMMISSION OF NIGERIA AT NEW DELHI.
Annexure H	A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT NO. A1254794 ISSUED TO PETITIONER NO 1 ON 31.08.2022 BY THE NIGERIAN EMBASSY, NEW DELHI
Annexure H(a)	A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT NO A12544795 ISSUED TO THE PETITIONER NO 2 ON 31.08.2022 BY THE NIGERIAN EMBASSY, NEW DELHI

Madukolu Chibuzor Samson v. State of Kerala

Case brief

What is this about?

What did the court decide?

Madukolu Chibuzor Samson v. State of Kerala

Case brief

What is this about?

What did the court decide?

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