Thaufeeq T.A. v. State of Kerala & Ors.

1 ``` INTHEHIGHCOURTOFKERALAATERNAKULAM PRESENT THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV WEDNESDAY,THE26[TH]DAYOFJULY2023/4THSRAVANA,1945 WP(C)NO.22212OF2020 ``` ## **`PETITIONER:`** ``` THAUFEEKT.A., AGED43YEARS S/O.ABDULSALAM,RESIDINGAT13/415C,MANSILHOUSE, THRIKAKKARAP.O.,VADACODE,ERNAKULAM, PINCODE-682021. BYADVS. P.SANJAY SMT.A.PARVATHIMENON SRI.BIJUMEENATTOOR SRI.PAULVARGHESE(PALLATH) SRI.P.A.MOHAMMEDASLAM SRI.KIRANNARAYANAN SHRI.PRASOONSUNNY SHRI.RAHULRAJP. ``` ``` RESPONDENTS: ``` ``` 1STATEOFKERALA REPRESENTEDBYTHESECRETARY,HOMEDEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2THEDIRECTORGENERALOFPOLICE, VAZHUTHACAUD,THIRUVANANTHAPURAM,PIN-695010. 3THESUPERINTENDENTOFPOLICE(RURAL), ALUVA,ERNAKULAM,PINCODE-683101. 4THESTATIONHOUSEOFFICER, KUNNATHUNADPOLICESTATION,ERNAKULAM, PINCODE-683544. 5THESUPERINTENDENTOFPOLICE, CRIMEBRANCH,ERNAKULAM,PINCODE-683101. ``` W.P.(C) 22212 of 2020 2 - `6 NISSAM K.K., S/O.KASIM, KALLUPURAKKAL VEEDU, MANNATHU PADAM, CHANGAMPUZHA NAGAR, KERALA-695573.` - `7 K.A.MUHAMMED MATHER,` - `NO.8, MATHER GREEN COUNTRY VILLA, NILAMPATHINJIMUGAL, KAKKANAD, INFOPARK, ERNAKULAM, PIN CODE-682041.` - `8 SABIQ MATHER,` - `S/O. K.A.MUHAMMED MATHER, NO.8, MATHER GREEN COUNTRY VILLA, NILAMPATHINJIMUGAL, KAKKANAD, INFOPARK, ERNAKULAM, PIN CODE-682041.` - `9 REJI NISSAM,` - `W/O.NISSAM, PROPRIETOR, YAS TRADERS AND EXPORTS, DOOR NO.11/452, FIRST FLOOR, MANATH BUILDING, NGO QUARTERS, THRIKKAKARA, KAKKANAD, KERALA-682021.` - `10 GEORGE PODUTHAS,` - `CENTRAL TRADING CO., BUILDING NO.VI/590A, KAITHAKKADU, PATTIMATTOM, ERNAKULAM-683562.` - `11 AYMANAKUDI HANEEFA, AMA OIL MILL, 14/443 A, NELAMPURATHU BUILDING, ASAMANNUR P.O., PUNNAYAM, PERUMBAVOOR, ERNAKULAM-683549.` - `12 BEEVI ALIYAR, AMA OIL MILL, 14/443 A, NELAMPURATHU BUILDING, ASAMANNUR P.O., PUNNAYAM, PERUMBAVOOR, ERNAKULAM-683549.` - `13 RASHID, AMA OIL MILL, 14/443 A, NELAMPURATHU BUILDING, ASAMANNUR P.O., PUNNAYAM, PERUMBAVOOR, ERNAKULAM-683549.` - `14 THE STATION HOUSE OFFICER, INFOPARK POLICE STATION, ERNAKULAM-682041.` ``` BYADVS. ``` ``` N.A.SHAFEEK ``` W.P.(C) 22212 of 2020 3 ``` SRI.ANILK.MOHAMMED BIJUBALAKRISHNAN SHRI.AJMALP. SMT.V.S.RAKHEE K.J.GISHA ``` ``` SRI.VIPINNARAYAN,SRGOVERNMENTPLEADER ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON26.07.2023,THECOURTONTHESAMEDAYDELIVEREDTHE FOLLOWING: ``` W.P.(C) 22212 of 2020 4 ## **JUDGMENT** ## This petition is filed seeking the following reliefs: (i) call for records relating to Crime No.1011/2020 of Kunnathunad Police Station and peruse the same. (ii) issue a writ of mandamus commanding the 2nd respondent to hand over the investigation in Crime No.1011/2020 of Kunnathunad Police Station and Crime No.148/2020 of Infopark Police Station to the Crime Branch wing of the police. (iii) issue a writ of mandamus commanding the 2nd respondent to constitute a special team consisting of senior police officers to conduct a proper and speedy investigation in Crime No.1011/2020 of Kunnathunad Police Station. (iv) issue a writ of mandamus commanding the 2nd respondent to take appropriate action on Ext.P11 within a time frame. 2. When the matter is taken up, the learned Public Prosecutor, on instructions, submits that the investigation has been completed in Crime No.1011 of 2020. However, the final report has not been laid in view of the interdictory orders passed by this Court. 3. The learned counsel appearing for the petitioner submitted that the investigation conducted is quite shabby and proper materials have not been collected. W.P.(C) 22212 of 2020 5 4. I have considered the submissions advanced. The petitioner is the informant in Crime No.1011 of 2020, registered at the Kunnathunadu Police Station. His prayer in this petition is to direct the 2nd respondent to hand over the investigation to the Crime Branch. In **Sakiri Vasu V State of UP and Others[1]** , the Apex Court has held that the power of the Magistrate to order further investigation under S.156(3) is an independent power, and does not affect the power of the investigating officer to further investigate the case even after submission of his report vide S.173(8). The Magistrate can order the reopening of the investigation even after the police submit the final report. (See **State of Bihar v. A. C. Saldanna[2]** , It was further held that S.156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. In view of the law laid down by the Apex Court, the remedy is open to the petitioner to approach the learned Magistrate. I do not think that this Court should intervene in this matter, particularly when the petitioner has a very efficacious remedy. 5. The records disclose that by order dated 11.2.2021, this Court > 1 (2008 (2) SCC 409) > 2 (1980 (1) SCC 554) W.P.(C) 22212 of 2020 6 had directed the police to refrain from submitting the final report . I vacate the said order. If the petitioner is having a grievance that the final report laid is without a proper investigation, it would be open to the petitioner to exhaust his remedies in accordance with the law. This petition is disposed of. Sd/- **RAJA VIJAYARAGHAVAN V., JUDGE** IAP W.P.(C) 22212 of 2020 7 ## **`APPENDIX OF WP(C) 22212/2020`** ``` PETITIONER’SEXHIBITS: ``` ``` EXHIBITP1TRUECOPYOFTHEPARTNERSHIPAGREEMENT DATED26.12.2018. EXHIBITP2TRUECOPYOFTHEFIRINCRIMENUMBER 148/2020OFINFOPARKPOLICESTATIONDATED 20.4.2020. ``` ``` EXHIBITP3TRUECOPYOFTHECOMPLAINTDATED24.4.2020. EXHIBITP4TRUECOPYOFTHECOMPLAINTNO.56834/2020 DATED14.5.2020. EXHIBITP5TRUECOPYOFTHECOMPLAINTDATED5.6.2020. EXHIBITP6TRUECOPYOFTHECOMPLAINTDATED18.8.2020. EXHIBITP7TRUECOPYOFTHECOMPLAINTDATED23.7.2020. EXHIBITP8TRUECOPYOFTHECOMMISSIONREPORTFILEDBY THEADVOCATECOMMISSIONERINI.A.NO.3/2020 INCMA(ARB)NO.172/2020BEFORETHEHON'BLE PRINCIPALSUBCOURT,ERNAKULAMDATED 13.8.2020. ``` ``` EXHIBITP9TRUECOPYOFTHEORDERINI.A.NO.4/2020AND I.A.NO.5/2020INC.M.A(ARB)172/2020BEFORE THEHON'BLEPRINCIPALSUBCOURT,ERNAKULAM DATED18.9.2020. ``` ``` EXHIBITP10TRUECOPYOFTHEFIRINCRIMENO.1011/2020 OFKUNNATHUNADUPOLICESTATIONDATED 27.8.2020. ``` ``` EXHIBITP11TRUECOPYOFTHECOMPLAINTDATED5.10.2020 GIVENTOTHE2NDRESPONDENT. ``` W.P.(C) 22212 of 2020 8 - `EXHIBIT P12 TRUE COPY OF THE NOTICE ISSUED TO THE 6TH RESPONDENT BY ASST.COMMISSIONER OF FOOD SAFETY (INTELLIGENCE), ERNAKULAM DATED 07.09.2018.` - `EXHIBIT P13 TRUE COPY OF THE LEASE AGREEMENT DATED 05.12.2018.` - `EXHIBIT P14 TRUE COPY OF THE CONSENT LETTER SUBMITTED BY THE 6TH RESPONDENT DATED 10.12.2018.` - `EXHIBIT P15 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 10.12.2018.` - `EXHIBIT P16 TRUE COPY OF THE CANCELLED PANCHAYATH LICENCE NUMBERED AS A7-431/18 ISSUED TO THE 6TH RESPONDENT DATED 10.07.2018.` - `EXHIBIT P17 TRUE COPY OF THE PANCHAYATH LICENCE ISSUED BY THE KUNNATHUNADU PANCHAYATH TO THE PETITIONER NUMBERED AS A7-786/18 DATED 10.12.2018.` - `EXHIBIT P18 TRUE COPY OF THE PANCHAYATH LICENCE ISSUED BY THE KUNNATHUNADU PANCHAYATH TO THE PETITIONER NUMBERED AS A-7/1418/20 DATED 16.04.2020.` - `EXHIBIT P19 TRUE COPY OF THE PETITIONER'S AFFIDAVIT DATED 15.12.2018.` - `EXHIBIT P20 TRUE COPY OF THE PARTNERSHIP DEED DATED 26.12.2018.` - `EXHIBIT P21 TRUE COPY OF THE RENEWED FSSAI LICENCE NUMBERED AS 11319007000257 DATED 31.01.2020.` - `EXHIBIT P22 TRUE COPY OF THE CERTIFICATE OF AUTHORISATION DATED 22.05.2019.` - `EXHIBIT P23 TRUE COPY OF THE LEDGER ACCOUNT STATEMENT OF BISMI FOODS AND OIL EXPORTERS AND` W.P.(C) 22212 of 2020 9 ``` MALAYALAMAYURVEDICSBETWEEN01.04.2019AND 18.05.2020. ``` - `EXHIBIT P24 TRUE COPY OF BILL NO.1156 FROM MASTEK ELECTRONICS DATED 26.6.2019 FOR 1150 KV INVERTER AND BATTERY.` - `EXHIBIT P25 TRUE COPY OF THE INVOICE NO.25 FROM ABHILASH INDUSTRIES DATED 26.06.2019 FOR A POUCHING MACHINE.` - `EXHIBIT P26 TRUE COPY OF THE INVOICE NO.29 FROM TECHNO SYSTEMS DATED 27.06.2019 FOR A KONICA WEIGHING ELECTRONIC MACHINE.` - `EXHIBIT P27 TRUE COPY OF THE INVOICE NO.32 DATED 29.06.2019 FROM A TO Z PACKAGINGS FOR A HOT AIR GUN.` - `EXHIBIT P28 TRUE COPY OF THE INVOICE NO.46 DATED 05.07.2019 FROM A TO Z PACKAGINGS FOR FOIL SEALER MACHINE.` - `EXHIBIT P29 TRUE COPY OF THE INVOICE NO.B/C-382 FROM CITY FURNITURE MART & BED CENTER DATED 08.07.2019.` - `EXHIBIT P30 TRUE COPY OF THE INVOICE NO.64 FROM STAR -` - `SCIENTIFIC TRADERS FOR REFRACTOMETER LAB DATED 05.08.2019.` - `EXHIBIT P31 TRUE COPY OF THE INVOICE NO.66 FROM FOCUZ IT CARE FOR COMPUTERS AND ACCESSORIES DATED 05.08.2019.` - `EXHIBIT P32 TRUE COPY OF THE VOUCHER NO.929 FOR PURCHASE OF MODEM DATED 20.08.2019.` - `EXHIBIT P33 TRUE COPY OF THE INVOICE NO.94 FROM KADCO SYSTEMS FOR PRINTER MACHINE DATED 29.08.2019.` W.P.(C) 22212 of 2020 10 |`EXHIBIT `|`P34`|`TRUE COPY OF THE INVOICE NO.267 FROM KADCO`| |---|---|---| |||`SYSTEMS FOR FH SA SYSTEM CONVEYOR DATED`| |||`16.10.2019.`| |`EXHIBIT `|`P35`|`TRUE COPY OF THE PURCHASE INVOICE NO.371`| |||`SHOWING PURCHASE OF 12285 KGS OF COCONUT`| |||`OIL FROM AL-AMEEN TRADING DATED 06.01.2020.`| |`EXHIBIT `|`P36`|`TRUE COPY OF THE PURCHASE INVOICE NO. 419`| |||`SHOWING PURCHASE OF 10823 KGS OF COCONUT`| |||`OIL FROM AL-AMEEN TRADING DATED 19.02.2020.`| |`EXHIBIT `|`P37`|`TRUE COPY OF THE PURCHASE INVOICE NO. 425`| |||`SHOWING PURCHASE OF 11620 KGS OF COCONUT`| |||`OIL FROM AL-AMEEN TRADING DATED 27.02.2020.`| |`EXHIBIT `|`P38`|`TRUE COPY OF THE BILL FOR CHAIRS AND`| |||`COMPUTER TABLE FORM KUNNAMKULATH FURNITURE`| |||`AND BED CENTER DATED 06.01.2020.`| |`EXHIBIT `|`P39`|`TRUE COPY OF THE BILL FOR A 6 DOOR SHELF`| |||`FROM KUNNAMKULATH FURNITURE AND BED CENTER`| |||`DATED 08.01.2020.`| |`EXHIBIT `|`P40`|`TRUE COPY OF REGISTRATION DETAILS OF ASHOK`| |||`LEYLAND DOST-GOODS CARRIER BEARING`| |||`REGISTRATION NUMBER KL41J9604.`| |`EXHIBIT `|`P41`|`TRUE COPY OF THE REGISTRATION DETAILS OF`| |||`SUZUKI ACCESS 125 CC MOTORCYCLE BEARING`| |||`REGISTRATION NUMBER KL 40 R 5049.`| |`EXHIBIT `|`P42`|`TRUE COPY OF THE REGISTRATION DETAILS OF`| |||`THE MAHINDRA NISSAN GOODS CARRIER BEARING`| |||`REGISTRATION NUMBER KL 40S 0370`| |`EXHIBIT `|`P43`|`TRUE COPY OF THE COMPLAINT FILED WITH THE`| |||`DISTRICT POLICE CHIEF DATED 02.02.2021.`| |`EXHIBIT `|`P44`|`TRUE COPY OF THE FIR NO.05/2021 OF INFOPARK`| |||`POLICE STATION DATED 05.01.2021.`|