This is a petition filed by the petitioner who is the de facto complainant in Crime No.1854/2013 of Changanacherry Police Station seeking investigation by other agency under Article 226 of Constitution of India.
2. It is alleged in the petition that 5th respondent is a Tour operator approached the petitioner and collected Rs.1,85,000/- for travel expense and thereafter, unilaterally cancelled the ticket and abruptly stopped the voyage. The cheque given by him for this amount was dishonoured and fraud was committed by the 5th respondent so as to cause unlawful loss to the petitioner. So, he filed a complaint before the 4th respondent and after considerable delay, they registered Ext.P7 First Information Report as Crime No.1854/13 of Changanacherry Police Station. But, they are not conducting the investigation properly. So, the petitioner has no faith in the investigation now conducted by the 4th respondent and in order to get justice, he feels that the investigation has to be handed over to another agency other than the local police. So, he has no other remedy except to approach this court seeking the following relief:
“To issue a writ of Mandamus or other appropriate writ direction or oder directing the 2nd respondent to conduct investigation in respect of Crime No.1854/2013, registered at Changanacherry Police Station (Exhibit-P7) by another investigating agency within a time limit fixed by this Hon'ble Court.”
3. On the basis of the allegations in the petition, the 4th respondent was directed to file a statement and he filed a statement stating as follows:
“It is respectfully submitted that, the accused person Jihanz (5th respondent) who is conducting a travel agency by name Aztec Holidays at Vytila Cochin had entered into an agreement with the petitioner to arrange air tickets for his travel to USA and after having received Rs.1,80,000/- in this regard had failed to comply with the agreement and the cheque he had given as return of payment was dishonoured and thous cheated the petitioner.
It is submitted that, the 4th respondent who had conducted the investigation met with the Bank Authorities and it was revealed that the amount of Rs.1,85,000/- was paid to Aztec Holidays, Vytila, of this Rs.40,000/- was paid in cash and Rs.75,000/- from ICICI Bank Account and Rs.70,000/- from South Indian Bank, Chethipuzha.
It is submitted that, the Deputy Superintendent of Police, Changanasserry interfered in the matter and called the 5th respondent and directed him to settle the matter. As per the direction of the Deputy Superintendent of Police, Changanasserry, the 5th respondent wiling to return the money to the petitioner on condition that the cheque may be return to him on receipt of the money. Then the Deputy Superintendent of Police, Changanasserry assured the 5th respondent to collect cheque by police and will returned to him after transfer all amount of money. The 5th respondent believing the promise of the police had sent Rs.60,000/- (Rs. Sixty thousand only) to the petitioner's account on 02.09.2013 from Current Account (111005500013) of the 5th respondent through ICICI bank. But after receiving Rs.60,000/- the petitioner was not willing to return the cheque as agreed and demanded to register a case in this regard.
It is submitted that, during the conference at Deputy Superintendent of Police, Changanasserry, the 3rd respondent had opined that the case pertains to money transactions between the petitioner and accused person and there is only breach of contract occurred. Hence, further investigations may be conducted to collect the evidence in this regard and treat the case as civil nature.
It is submitted that, the investigation conducted in this case so far had revealed that the case is of civil nature and final report shall be prepared in accordance with the disposal of the above petition before the Honourable Court. The final report shall be submitted with the compliance of any directions that may be included in the order of the Honourable High Court of Kerala in W.P.(C) 31516/2013.”
4. The petitioner filed a reply affidavit stating that no proper investigation was conducted and in fact on enquiry, it was revealed that 5th respondent had cheated several persons like this. On the basis of the statement given by the 4th respondent that they have already filed a refer report, a report was called for from Judicial First Class Magistrate, Changanacherry as to whether any final report has been filed and the learned magistrate sent a report which reads as follows:
“No refer report is filed in Cr.No.1854/13 of Changanasserry police station before this court. It is in investigation stage. Accused was arrested and produced before this court on production warrant on 21.03.2014. He was given under police custody from 21.03.2014 to 24.03.2014. But he was produced on 22.03.2014 and he was remanded to the judicial custody till 04.04.2014. He is released on bail from 24.03.2014. No final report is filed before the court.”
5. When this fact was pointed out to the Government Pleader as to whether the final report has already been filed, the learned Government Pleader earlier submitted that this can be ascertained and accordingly, a direction was given to the Government Pleader to ascertain as to whether the investigation has been completed and the final report has been filed and if not, how much time will be required for filing the final report. Today, the Government Pleader filed a report of the present investigating officer which reads as follows:
“It is respectfully submitted that the petitioner filed a petition before the Station House Officer, Changanacherry and based on the petition a case in Crime number 1854/13 u/s 420 IPC was registered at Changanacherry Police Station on 7.10.2013. The matter of the crime is that Mr.Jihans Aztech Holidays, Door No.29/1349-D5, 2nd Floor BCG City Gate, Vytilla, Ernakulam accepted Rs.1,85,000/- from the complainant for arranging air ticket for him and his wife to the USA and after having received the amount, the accused failed to arrange travel ticket and further issued a cheque for Rs.1,45,000/- of ICICI Bank, Vytilla Branch, in the account of Latha, the 2nd accused in the case and knowing that there is no money in the account and thereby cheated him.
A1, Jihans was arrested in Cr.270/14 of Maradu Police Station and his formal arrest was recorded in this case on 21.3.2014 and took into custody. After the investigation he was produced before the Judicial First Class Magistrate Court, Changanacherry and he was released on bail.
During investigation, it is revealed that the complainant has paid Rs.1,85,000/- to Aztech Holidays, Vytilla of which Rs.40,000/- was paid in cash and Rs.75,000/- from SBT Industrial Nagar Banrch, Changanacherry and Rs.75,000/- from South Indian Bank, Chethipuzha from the account of the complainant to the account No.111005500013 of Aztech Holidays which is maintained in the name of A2 Latha.
It is submitted that the accused intentionally failed to arrange travel ticket from Silk Airlines to the complainant as agreed and he further issued a cheque in favour of the complainant for Rs.1,45,000/- from the account of 2nd accused in whose name the travel agency is registered. When the cheque was produced by the complainant it was dishonoured due to the insufficient fund and known that the accused delivered the cheque knowing that there is no money in the account.
The investigation was conducted by the Sub Inspector of Police, Changanacherry. The District Police Chief, Kottayam vide order No.D2-21171/2014 dtd.2.5.14 has authorized me to conduct further investigation of the case. Subsequently the investigation was taken over by me and it is submitted that the investigation can be completed within three months. It is humbly prayed to allow three more months for the completion of the case.”
6. In the last paragraph of the further statement filed, it is mentioned that the earlier investigation was conducted by the Sub Inspector of Police, Changanacherry and District Police Chief, Kottayam by Order No.D2-21171/2014 dtd.2.5.14 has authorized the Inspector of Police, Changanacherry to conduct further investigation of the case and the further investigation is being conducted by him and he wants three months time to complete the investigation.
7. Heard the Counsel for the petitioner and the learned Government Pleader.
8. The grievance of the petitioner is that, if local police conducts the investigation, he will not get justice as 5th respondent is an influential person. But, this fact was denied by the learned Government Pleader.
9. Considering the fact that earlier the 4th respondent had filed a statement stating that he had final report stating that it is of civil nature and sought sanction for referring the matter and also considering the fact that District Police Chief had after considering the circumstances, ordered further investigation of the matter and that has been entrusted to Inspector of Police, Changanacherry who is the senior officer of the 4th respondent, and he is now conducting the investigation and accused was arrested in this case, this court feels that it is not necessary at this stage to express any non-confidence on the present investigating officer regarding the investigation to be conducted by him. It is not necessary that always the investigation has to be handed over to other agency other than the local police for mere asking of the petitioners as well. So, under the circumstances, this court feels that there is no necessity to change the investigation from the local police to any other agency as the investigation is being now conducted by Inspector of Police, Changanacherry who is the senior officer of the 4th respondent though the matter involved has normally to be investigated by the Sub Inspector of Police and he has made some improvement in the investigation. So, the petition can be disposed of by giving direction to the present investigating officer namely the Inspector of Police, Changanacherry to expedite investigation and file final report leaving open the right of the petitioner to agitate the same before appropriate forum if he is not satisfied with the outcome of the investigation.
So, the petition is disposed of as follows:
The present investigating officer namely, Inspector of Police, Changanacherry is directed to complete the investigation as expeditiously as possible at any rate within 3 months from today as requested by him in his statement leaving open the right of the petitioner to challenge the outcome of the investigation if it is not to his satisfaction later before the appropriate forum.
With the above direction and observation, the petition is disposed of.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge