This is an application filed by the petitioners for issuing appropriate direction in connection with the investigation of Crime No.401/2014 of Town East Police Station under Article 226 of Constitution of India.
2. It is alleged in the petition that the petitioners are depositors in a company which was receiving deposits. There were about 2000 depositors and more than 100 crores of amount has been involved in the transaction. The company which involved in the transaction has been wound up and petitioners approached Kerala State Legal Services Authority for appropriate legal proceedings against the company and they appointed 4th respondent - a lawyer concerned for the purpose of filing cases so that the depositors would get their money. It was stated specifically in the written order that no amount should be taken from any person and the entire expenses would be met by Kerala State Legal Services Authority. There were lapses on the part of the 4th respondent.
Later, on great persuasion, a complaint was lodged and later a crime was registered as Crime No.401/2014 of the Town East Police Station alleging offences under Sections 406 and 420 of the Indian Penal Code. The investigation was not properly conducted. So, the petitioners have no other remedy except to approach this court seeking the following reliefs:
“1) To issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 1st respondent to constitute a special team headed by the second respondent for the purpose of effective investigation in Crime No.401 of 2014 of the Town East Police Station, Thrissur after taking over the same and to complete the entire investigation in a proper manner, by taking effective steps to seize the documents and to arrest the fourth respondent and all other persons responsible for the same, within stipulated time limits as may be fixed by this Hon'ble court in the interest of justice.
2) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 1st respondent in the alternative to hand over investigation in Crime No.401 of 2014 of the Town East Police Station to the Crime Branch Cell of the police, for effective and complete investigation and further direct completion within stipulated time limits in the interest of justice.”
3. On the basis of the allegations in the petition, third respondent filed a statement stating that after investigation, they found that there is no offence made out against the 4th respondent and so they filed a refer report before the concerned court.
4. On the basis of the same, a report has been called for from Chief Judicial Magistrate Court, Thrissur regarding this aspect. Accordingly, the Chief Judicial Magistrate has sent a report which reads as follows:
“Crime No.401/2014 of Thrissur East P.S was registered by the Sub Inspector of Police, Thrissur East Police Station under sections 406, 420 of IPC and F.I.R was filed before this court on 07.02.2014. Thereafter, the Police referred the case as 'Mistake of Fact' and filed a Report in this regard on 11.04.2014. So a notice has been sent to the informant/de facto complainant to appear before this Court on 17.06.2014, if he disputes the correctness of the finding of the police.”
In this connection, I may submit that the Hon'ble High Court of Kerala called for a report to the above effect from the Judicial Magistrate of the First Class I, Thrissur as per O.M.under reference. Since the entire records in Cr.401/2014 of Thrissur East Police Station are pending before this court, the O.M. and connected papers were transmitted to this Court by the learned Magistrate.”
5. It is seen from the report of the Chief Judicial Magistrate that after investigation of Crime No.401/2014 of Thrissur East Police Station, they have filed refer report before that court and it was filed on 11.04.2014 and notice has been issued to the petitioners regarding the same requesting to appear on 17.06.2014, if they want to file any objections to the same.
6. When the application came up for hearing today, this fact was pointed out to the Counsel for the petitioners, the Counsel for the petitioners submitted that the report of the Chief Judicial Magistrate can be recorded and the petition can be disposed of leaving open the right of the petitioners to file appropriate protest complaint and also approach appropriate forum if the outcome of the protest complaint is not in their favour in accordance with law.
The above submission of the Counsel for the petitioners is recorded and the petition is disposed of leaving open the right of the petitioners to file protest complaint and if the outcome of the protest complaint filed by them is not favourable to them to approach the appropriate forum in accordance with law.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge