Leo George v. Director General of Police, Kerala Police Headquarters; et al.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 5[TH] DAY OF OCTOBER 2023 / 13TH ASWINA, 1945** **WP(CRL.) NO. 809 OF 2023** ## **PETITIONER:** LEO GEORGE AGED 31 YEARS AGED 31 YEARS, S/O GEORGE NEAR, 9, NAKSHATHRA LAYOUT NEAR IVY PARK, CARMELARAM P.O, BANGALORE -560035. NOW RESIDING AT : SH TIMBERS, MUNDUR, VARADIYAM ROAD, VARADIYAM P.O., THRISSUR, PIN - 680541 BY ADVS. ANEESH K.R SAURAV B. ## **RESPONDENTS:** 1 THE DIRECTOR GENERAL OF POLICE KERALA POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695010 2 THE SUPERINTENDANT OF POLICE ALUVA RURAL , ERNAKULAM RURAL, ERNAKUALM, PIN - 682024 3 THE DEPUTY SUPERINTENDANT OF POLICE SPECIAL BRANCH, ERNAKULAM RURAL, ALUVA, ERNAKULAM, PIN - 682024 4 THE STATION HOUSE OFFICER CHENGAMANADU CHENGAMANADU POLICE STATION, ALUVA RURAL. ERNAKULAM ,, PIN - 683678 5 VIPIN V S S/O UNKOWN, AGED UNKOWN, ANJALI HOUSE, MALAYANKIL P.O., THIRUVANANTHAPURAM, PINCODE OFFICE ADDRESS : THE STATION HOUSE OFFICER, PONMUDI POLICE STATION, THIRUVANANTHAPURAM RURAL, PIN - 695551 6 ANTONY JAISON FILE CUSTODIAN OF CRIME NO 521/2022 AND 584/2022 CHENGAMANADU POLICE STATION, ALUVA RURAL. ERNAKULAM, PIN - 683678 7 SHAJI S NAIR INVESTIGATION OFFICER IN CRIME 584/2022 CHENGAMANADU W.P.(Crl.) NO.809 OF 2023 2 POLICE STATION, ALUVA RURAL. ERNAKULAM, PIN - 683678 8 INDU K G STATION WRITER, CPO, CHENGAMANADU POLICE STATION, ALUVA RURAL. ERNAKULAM, PIN - 683678 9 BRIJU KUMAR SANTHA SADANAM, VENGOOR,KOLLAM, PIN - 691533 10 BENNY P.D. CHENGAMANADU POLICE STATION, ALUVA RURAL. ERNAKULAM, PIN - 683678 11 SUDHEER INVESTOGATION OFFICER IN CRIME 313/2023 CHENGAMANADU POLICE STATION, ALUVA RURAL. ERNAKULAM, PIN - 683678 12 THE SUPERINTENDENT OF VIGILANCE VIGILANCE AND ANTI CORRUPTION BUREAU, CBI ROAD, NEAR CBI OFFICE, KATHRIKADAVUM KALOOR, KOCHI, PIN - 682017 ## **OTHER PRESENT:** HRITCWICK CS PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 05.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(Crl.) NO.809 OF 2023 3 ## **P.V.KUNHIKRISHNAN** **- - - - - - - - - - - - - - - - - - - - -** W.P.(Crl).No.809 of 2023 **- - - - - - - - - - - - - - - - - - - - - - - - - - -** Dated this the 5[th] day of October, 2023 # **JUDGMENT** This writ petition (criminal) is filed with the following prayers:- _“i. Call for records pertaining to Crime No 521/2022, 584/2022, 130/2023 and 313/2023 of Chengamanadu Police Station._ _ii. To issue a writ or directions in nature of or similar to writ of mandamus directing the 2nd respondent to take over the investigation of Crime No 313/2023 of Chengamanadu Police Station or hand over the same to a competent authority and such investigation in the supervision of this Honourable court and direct the Investigation Officer to submit final report before the Jurisdictional Magistrate within a time limit fixed by this Honourable court._ _iii. To issue a writ or directions in the nature of or similar to writ of mandamus directing the respondents no 1 to issue executive directive and guidelines to all his subordinate stations mandating registration of FIR on the knowledge of a cognizable offence as per the judgment of the Honourable Supreme Court in Lalitha Kumari vs State of Uttar Pradesh, and to ensure that the contents of FIR should be in tune with the complaint/FIS made by the defacto complainant._ _iv. This court may be pleased to initiate contempt of court proceedings against the respondent no 5._ _v. Direct the respondents to correct the contents of FIR in Crime No 313/2023 of Chengamanadu Police Station as per First Information Statement of the petitioner._ W.P.(Crl.) NO.809 OF 2023 4 _vi. To issue a writ or directions in the nature of or similar to writ of mandamus directing the respondents no 1 to conduct departmental enquiry against the Respondent No 5 to 11 and submit a report before this Honourable court._ _vii. Direct respondents no 4 to register FIR against the respondent no 5 to 7._ _viii. This Honourable court may be pleased to order an vigilance probe against the respondents no 5 to 11 for the undue benefits they received from Mahindra First Choice Company and against the incorrect records and writings with intend to save culprits from punishment._ _ix. This Honurable court may be pleased to direct the 2nd respondent to send Petition Register, Volume II, 2022 of Chengamanadu Police Station for forensic examination and to verify whether the entries of petition IAPS 145192 and 146570 of the 2022 is made in real time and the signature is of the 5th respondent._ _x. Pass such other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. xi. Dispense with the translations of documents in vernacular languages.”_ _(SIC)_ 2. The petitioner herein is the 3[rd] accused in Crime No.521/2023 and the 2[nd] Accused in Crime No.584/2023 of Chengamanadu Police Station. He is also the defacto complainant in Crime No.313/2023 of Chengamanadu Police Station. The petitioner is aggrieved in the investigation conducted in the above case. According to the petitioner, there is dereliction of duty and illegal acts from respondent Nos.5 to 11 in the investigation of Crime Nos.521/2022, W.P.(Crl.) NO.809 OF 2023 5 584/2022 and 313/2023 of Chengamanadu Police Station. According to the petitioner, the respondent Nos.5 to 11 had deliberately neglected their duties and had violated the provisions of Criminal Procedure Code. It is the case of the petitioner that the 5[th] respondent made false accusation against the petitioner and his friend. According to the petitioner, he had further assisted main culprits, who were the officials of Mahindra First Choice Company and according to the petitioner, he believes that such actions of the respondent No.5 had been under the influence of the said company and the Police officer had taken undue advantages from the company for the same. Aggrieved by the biased and illegal acts of the respondent Nos.5 to 11, it is submitted that the petitioner approached the respondent Nos.1 to 4 and 12 for a proper investigation in Crime No 313/2023 of Chengamanadu Police Station. Even after several representations, the higher authorities has not acted is the grievance of the petitioner. The petitioner also submit that, there is deliberate and desperate measures taken by respondents by making alteration in petition register of the Police Station and prays for strict actions W.P.(Crl.) NO.809 OF 2023 6 against the alterations in the public documents. The petitioner in effect is highly aggrieved by the inaction of respondent Nos.1 to 4 and 12 against the illegal actions of respondent Nos.5 to 11. Hence this writ Petition. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. The counsel for the petitioner reiterated the contentions raised in this writ petition. The learned Public Prosecutor takes me through the statement of facts filed by the 4[th] respondent in this case. In the statements of facts, it is submitted that the investigation in Crime No.521/2022 is conducted in a proper manner and there was no harassment from the side of Police towards the petitioner. It is also submitted that Crime No.584/2022 is not registered as per the complaint lodged by the Manger, Mahindra First Choice Wheel Company and the case is registered as per the statement of Mr.Ranjith, Manager, Mahindra First Choice Wheel Company. It is further submitted that the Crime No.313/2023 is registered by the 10[th] respondent and the investigating officer was the 11[th] respondent and now the case is investigated by the 4[th] respondent Station House W.P.(Crl.) NO.809 OF 2023 7 Officer, Chengamanadu. The Crime No.313/2023 is registered as per the order received from the Judicial First Class Magistrate Court-I, Aluva in a complaint filed before that court. It is submitted that no negligence on the part of the Police in the investigation of the above crimes or related duties. 4. This Court considered the contentions of the petitioner in detail. The main grievance of the petitioner is that the investigation in Crime No.313/2023 is not properly conducted. The petitioner submitted before this Court that a direction may be issued to the 2[nd] respondent to take over the investigation in Crime No.313/2023 of Chengamanadu Police Station or hand over the same to a competent authority. 5. After considering the facts and circumstances of the case, I am of the opinion that the 2[nd] respondent will entrust the investigation in Crime No.313/2023 to a senior officer not below the rank of DYSP. He will investigate the case and do needful in accordance with law. All other contentions of the petitioner are left open. Therefore, this writ petition is disposed of with the W.P.(Crl.) NO.809 OF 2023 8 ## following directions:- 1) The 2[nd] respondent is directed to entrust the investigation in Crime No.313/2023 of Chengamanadu Police Station to a senior officer not below the rank of a Deputy Superintendent of Police, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment. The investigating officer will conduct the investigation in the above crime as expeditiously as possible. 2) All other contentions raised by the petitioner in this writ petition are left open. Sd/- **P.V.KUNHIKRISHNAN JUDGE** bng W.P.(Crl.) NO.809 OF 2023 9 ## **APPENDIX OF WP(CRL.) 809/2023** PETITIONER EXHIBITS - Exhibit P1 THE TRUE COPY OF THE COMPLAINT TO SHO CHENGAMANDU POLICE STATION DATED 18.09.2022 - Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED GIVEN BY SREELAKSHMI TO SHO CHENGAMANADU DATED 17.09.2022 RECEIVED AS PER RTI ACT - Exhibit P3 THE TRUE COPY OF THE FIR IN CRIME NO 521/2022 OF CHENGAMANADU POLICE STATION UNDER SECTION 498A, 420 323 R/W 34 OF INDIAN PENAL CODE - Exhibit P4 THE TRUE COPY OF THE ORDER IN BA NO 7963/2022 OF HIGH COURT OF KERALA DATED 27.10.2022 - Exhibit P5 THE TRUE COPY OF THE REPLY SEND BY THE 5TH RESPONDENT TO SARADA GOPALAKRISHNAN - Exhibit P6 THE TRUE COPY OF THE RTI AND THE REPLY REGARDING THE CHARGE OF PETITION REGISTER DATED 28/6/2023 - Exhibit P7 THE TRUE COPY OF THE COMPLIANT GIVEN BY THE PETITIONER TO ADGP LAW AND ORDER DATED 24.06.2023 - Exhibit P8 THE TRUE COPY OF THE REPLY ISSUED BY THE 3RD RESPONDENT DATED 11.07.2023 - Exhibit P9 THE TRUE COPY OF THE COMPLAINT LODGED BY THE MOTHER OF SARATH BEFORE THE 1ST RESPONDENT - Exhibit P10 THE SCREEN SHOT OF THE STATUS OF COMPLAINTS EXHIBIT P1 AND P2 IN THE OFFICIAL WEBSITE OF KERALA POLICE - Exhibit P11 THE TRUE COPY OF THE MEMO WITH W.P.(Crl.) NO.809 OF 2023 10 STATEMENT OF FACTS IN WPC NO 33264/2022 SUBMITTED BY THE 5TH RESPONDENT - Exhibit P12 THE TRUE COPY OF THE COMPLAINT DATED 14.11.2022 LODGED BY MAHINDRA FIRST CHOICE COMPANY TO THE 5TH RESPONDENT RECEIVED VIA RTI - Exhibit P13 THE TRUE COPY OF THE FIR IN CRIME NO 584/2022 OF CHENGAMANADU POLICE STATION DATED 17.11.2022 - Exhibit P14 THE TRUE COPY OF THE FINAL REPORT DATED 01/03/2023 IN CRIME NO 584/2022 OF CHENGAMANADU POLICE STATION - Exhibit P15 . THE TRUE COPY OF THE RELEVANT PAGES OF PETITION REGISTER OF CHENGAMANADU POLICE STATION - Exhibit P16 . THE TRUE COPY OF THE REPLY DATED - 12.05.2023 ISSUED BY THE 3RD RESPONDENT - Exhibit P17 THE TRUE COPY OF THE DOCUMENTS RECEIVED FROM SRTO CHERTHALA ALONG WITH FORM 29 AND 30 - Exhibit P18 THE TRUE COPY OF THE COMPLAINT DATED 06.05.2023 TO SHO CHENGAMANADU - Exhibit P19 THE TRUE COPY OF THE RECEIPT DATED 06.05.2023 ISSUED BY THE SHO CHENGAMANADU - Exhibit P20 THE TRUE COPY OF THE RECEIPT DATED 09.05.2023 ISSUED BY THE 2ND RESPONDENT - Exhibit P21 THE TRUE COPY OF THE REPLY RTI FROM PUBLIC INFORMATION OFFICER CHENGAMANADU DATED 13.07.2023 - Exhibit P22 THE TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE PETITIONER BEFORE THE HONOURABLE JFCM II COURT ALUVA Exhibit P23 THE TRUE COPY OF THE FIR DATED W.P.(Crl.) NO.809 OF 2023 11 19.7.2023 IN CRIME NO 313/2023 OF CHENGAMANADU POLICE STATION Exhibit P24 THE TRUE COPY OF THE COMPLAINT DATED 22.07.2023 TO THE 1ST RESPONDENT Exhibit P25 . THE TRUE COPY OF THE SUMMONS DATED 24.07.2023 TO PRODUCE DOCUMENTS AND PERSONAL APPEARANCE TO THE PETITIONER ISSUED BY THE 11TH RESPONDENT Exhibit P26 THE TRUE COPY OF THE REPLY TO 10TH RESPONDENT SEND BY THE PETITIONER Exhibit P27 THE TRUE COPY OF THE COMPLAINT DATED 02.07.2023 TO THE 12TH RESPONDENT