Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2015
  6. /
  7. January

Balachandran vs Sub Inspector Of Police

High Court Of Kerala|04 August, 2015
|

JUDGMENT / ORDER

The prayer in this Crl.M.C is as follows: “To issue an Appropriate order directing the 2nd Respondent to conduct an effective investigation on Annexure A2 FIR and submit final report before Judicial First Class Magistrate Court-II, Nedumangad within three months.”
2. As directed by this Court, the 2nd respondent-Investigating Officer in the crime concerned has filed a statement dated 25.7.2015. It will be profitable to go through the contents of the statement which reads as follows:
“1. It is humbly submitted that, the case in brief is that, on 18.12.2003, the accused Krishnakumari, Melethil Veedu, Kaliyal, Karama, working as a treasurer in Taluk Head Quarters Hospital, Nedumangas during the period 2003 has availed a loan from Kerala Gazetted Officers Society by submitted a salary certificate of herself and making the complainant as a surety. But the salary certificate submitted by the accused was a forged one by forging her date of birth as 26.12.1954 instead of her original date of birth 26.12.2009 and her retirement date as 31.12.2007 instead of 31.12.2009. In addition to this, the accused had not repayed the loan instalments till her retirement from the service. After this, a notice was sent from the society to the surety for recovering the entire loan amount. Soon he approached the Court for seeking redressal of his grievances. Thus the ::2::
Crl.M.C.No.4422 Of 2015 accused cheated the society by producing forged documents not repaying the loan amounts and the surety Balachandran.
2. It is respectfully submitted that, on the basis of CMP filed by the complainant before Judicial First Class Magistrate Court-I, thiruvananthapuram a case was registered in Cr.115/13 u/s 420, 467, 468, 167 IPC at Karama Police Station. Since the place of occurrence in this crime falls within the limit of Nedumangad Police Station the CD file fo the same forwarded to the Station House Officer, Nedumangad for further investigation. As such the case was re-registered in Cr.135/2013 u/s. 420, 467, 468, 167 IPC. During the course of investigation, Investigating Officer recorded statements of some witnesses. Only after verify the more witnesses the real facts of the case can be brought to light. More time to be needed to recover the bank documents and others.
3. It is respectfully submitted that in the meantime he petitioner had approached Kerala Lokayuktha for granting an Interim Order to stop the recovery from the petitioner till the disposal of the case which had caused delay in the investigation of the case.
4. It is respectfully submitted that the original salary certificate submitted by the accused need to be recovered from Kerala Gazetted Officers Society and more witnesses needs to be questioned. The investigation will be completed soon and charge sheet will be submitted to the concerned Court immediately.”
It is undertaken by the Investigating Officer that investigation in the crime will be completed soon and charge sheet will be submitted to the concerned court immediately.
3. Heard Sri.Thirumala P.K.Mani, learned counsel for the petitioner and the learned Public Prosecutor appearing for respondents 2 & 3.
::3::
Crl.M.C.No.4422 Of 2015
4. In the facts and circumstances of the case and in the interest of justice it is ordered that the investigation shall be completed in its entirety without any further delay as undertaken before this Court by the Investigating Officer. The District Police Chief, Thiruvananthapuram will ensure that the further investigation in this crime shall be supervised by an officer superior to the Inspector General of Police so as to give a quietus to the further investigation in the case. This shall be done on a fortnightly basis. Such further investigation shall also be reviewed at least on a six weeks' basis by the District Police Chief, Thiruvananthapuram Rural, so as to ensure that investigation is proceeding in proper lines so that fine tuning of the investigation is done effectively and properly. It is hoped and expected that the District Police Chief shall ensure that the investigation in its entirety will be completed within three months from the date of production of a certified copy of this judgment.
With these observations and directions, this Crl.M.C stands finally disposed of.
bkn/-
ALEXANDER THOMAS, Judge.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Balachandran vs Sub Inspector Of Police

Court

High Court Of Kerala

JudgmentDate
04 August, 2015
Judges
  • Alexander Thomas
Advocates
  • Sri Thirumala P K Mani