Dismissed

K.v.Silvester v. State of Kerala

Kerala HC7 Jun 2023WP(Crl.)/108/2023

Case brief

AI extract

What is this about?

Petitioners sought a direction to transfer the investigation of a cheating complaint to a higher-ranking officer. The Court found no merit in the petition as no cause existed to change the investigating officer in the absence of proven malafides or incompetence.

What did the court decide?

The writ petition was dismissed as there is no merit to handover the investigation to another officer.

K.v.Silvester Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2023)

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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 BECHU KURIAN THOMAS

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WEDNESDAY, THE 7TH DAY OF JUNE 2023 / 17TH JYAISHTA, 1945
WP(CRL.) NO. 108 OF 2023

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PETITIONERS:

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1K.V.SILVESTER
AGED 67 YEARS
S/O. VARGHESE, KOOTTUNGAL HOUSE,
CHAMBAKKARA, KATTITHARA ROAD,
KRPS-2, PIN- 682 304
2K.D.MAXIMAN
AGED 62 YEARS
S/O. DEMIYNOSE, KOLOTH HOUSE,
NETTOOR, ERNAKULAM, PIN- 682 040,
BY ADVS.
K.R.VINOD
M.S.LETHA
NABIL KHADER
CHITHRA C.EDADAN

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RESPONDENTS:

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1STATE OF KERALA
REP. BY THE SECRETARY OF HOME AFFAIRS,
SECRETARIAT,
THIRUVANANTHAPURAM,
PIN: 695 001
2THE DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS,
THIRUVANANTHAPURAM, PIN: 695 010
3THE CITY POLICE COMMISSIONER KOCHI
OFFICE OF THE CITY POLICE COMMISSIONER,
PARK AVENUE ROAD,
ERNAKULAM, PIN: 682 011

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WP(Crl.) No. 108 of 2023

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4 THE ASSISTANT COMMISSIONER POLICE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, ERNAKULAM, PIN: 682 018

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5 THE STATION HOUSE OFFICER ELAMAKKARA POLICE STATION, ERNAKULAM, KOCHI 682 026

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BY ADV ADVOCATE GENERAL OFFICE KERALA

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OTHER PRESENT:

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SRI. C.N. PRABHAKARAN PP

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 07.06.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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WP(Crl.) No. 108 of 2023

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BECHU KURIAN THOMAS, J.

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==================== WP(Crl.) No. 108 of 2023

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

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Dated this the 7^th day of June, 2023

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JUDGMENT

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Petitioners seek for a direction to handover the investigation of Crime. No. 566/2022 of Elamakkara Police Station, to an efficient and honest officer not below the rank of DYSP of Police.

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As per the FIR, the accused had cheated the defacto complainant promising to provide employment to the defacto complainant’s son and collected an amount of Rs. 2,20,000/- (Rupees Two Lakhs Twenty Thousand only) in two intstalments and failed to provide the promised employment and thereby cheated the petitioners.

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In the statement filed on behalf of the Investigating Officer, it is pointed out that the investigation is in progress and the accused has already been arrested and that various materials have been collected. It is also pointed out that proper steps have already been adopted, in the course of investigation.

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On a perusal of the statement submitted on behalf of the Investigating Officer and on ascertaining the steps already adopted, I am satisfied that no cause is made out to handover the investigation to any other officer. The mode of investigation and the processes required

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WP(Crl.) No. 108 of 2023

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to be adopted are all matters to be decided by the Investigating Officer.

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As long as no specific allegations of malafides or incompetence can be proved against the Investigating Officer, there is no reason to change the Investigating Officer or to handover the investigation to another agency. The apprehension of the petitioner seems to be not well founded, at least as of now.

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In the said circumstances, I find no merit in this writ petition and this writ petition is dismissed.

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BECHU KURIAN THOMAS JUDGE

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mtk/07.06.23

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WP(Crl.) No. 108 of 2023

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APPENDIX OF WP(CRL.) 108/2023

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PETITIONER EXHIBITS

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Exhibit P1THE COPY OF THE F.I.R.NO.566/2022
REGISTERED BY THE 5 TH RESPONDENT ON
ACCOUNT OF THE AFORESAID ACT OF CHEATING
BY THE ACCUSED PERSONS DATE 03-10-2022

K.v.Silvester v. State of Kerala

Case brief

What is this about?

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K.v.Silvester v. State of Kerala

Case brief

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