This is an application filed by the complainants seeking direction of this court for constitution of a special team for effective investigation into large series of cases registered at their instance under Article 226 of Constitution of India.
2. It is alleged in the petition that petitioners are aged persons and respondents 5 to 7 were committing criminal acts interfering with the peaceful life of the petitioners who are senior citizens. Due to the influence of the police, they are not conducting proper investigation. The civil suit filed by them ended in their favour also. They approached this court for police protection and this court has granted police protection as well. In spite of these things, the police is not properly conducting investigation in the complaints made by them. So, they have no other remedy except to approach this court seeking the following relief:
“To issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to constitute a special team to look into the different acts of criminal activities and the continuous criminal acts perpetrated by the respondents 5 to 7 herein, as stated in Ext P4, within stipulated time limits, in the interest of justice.”
3. On the basis of the allegations made in the petition, a report was called for from the 4th respondent who is in charge of the investigation of the cases and he had filed the statement which reads as follows:
“It is respectfully submitted that, the allegation of the complainant is that he had submitted complaints and criminal cases against the respondents 5 to 7, the rights of the petitioner not being protected. The cases were registered but those reached nowhere, and the culprits go scot free. On this light the petitioner demands for a special team which is constituted by the second respondent for the purpose of comprehensive enquiry. The petitioner obtained a permanent prohibitory injection decree against further trespass and committing any act as OS No.278 against the 5 to 7 respondents 5 to 7 on 2010 and this had been executed later.
It is submitted that the petitioner alleged that even in this situation 5 to 7 respondents had deposited rubbles in a tipper lorry and blocked the entry of the petitioner to their residential house and next day petitioner had filed a complaint to the 4th respondent and crime case had been registered. After a small peace time the petitioner's cement pillars and the entire fencing had found destroyed. So again a complaint had submitted before the 3rd respondent in this regard.
It is submitted that the complainant had submitted a petition before the Judicial First Class Magistrate I, Knajirappally that on 29.01.2013 at 2.30 p.m the accused persons Nibu Devasia, N.D Thomas, V.C Rajesh, Nelson Thomas trespassed into the road to the complainant's house and made obstruction by putting heavy stones in tipper lorry. While the complainant and his wife come out of the house and attempting to stop them, the accused persons abused them and outrage the modesty of his wife by raising their mundu. After that the accused were enter in complainant's property and threatened them and pellet the stones caused damaged to the complainant's house window. In this regard a crime case had been registered in Cr.148/13 under Section 143,149,509,447,427 and 506(1) of IPC and conducted an investigation by Sri E.P. Gopalan, the then Sub Inspector of Police Kanjirapally and found that the case was mistake of fact as the road was private property belongs to Madathuvayalil family, but not belongs to the complainant or Panchayath as non of the contributors of the road had surrender their property to Panchayath. The investigation officer had questioned about 12 neighbours and revealed that there was no violence against his house noticed. The complainant had been quarrel and keeping enmity with his neighbors regarding the road which lead to Thompalady colony. From the report it is clear that, 3 years back petitioner's husband and the colony residents had came in a contract to built a road to the colony and for this, all the people related to this had contributed their property to built a road. But the petitioner had obtained a court injection while the road construction started to the colony from his place. The petitioner had refused to accept the refer notice whole CPO 6740 of Kanjirappally police station. This case final report submitted on 26.04.2013 before the Honourable Judicial First Class Magistrate 1, Kanjirapally as mistake of fact.
It is submitted that on 09.07.2013 WPC 12814/13 dated 09.7.2013 the Honourable High Court of Kerala issued an order on the allegation by the petitioner against the police inaction and his neighboring people. In the order it says that, the submission of the respondents 6 to 9 they have not threatened the life of the petitioner and their family and they have no intention to do so is recorded. If anything happens contrary to say submission made by the respondents 6 to 9, respondents 4 and shall take appropriate steps to ward off any threat to the life of the petitioners and their family members. However we make it clear this order of police protection shall not be made use by the police to interfere with any civil disputes pending between the petitioners and respondents 6 to 9.
It is submitted that on 13.08.2013 another criminal case had been registered in Kanjirappally Police Station under Section 143,147,149,447,427,379 and 34 IPC based on the CMP. In this the petitioner alleged that accused persons 1.Chellappan, 2. V.C.Rajesh 3.Sibu Devasia, 4.M.D Thomas, 5.Nelson Joseph had criminally trespassed in the property of the petitioner at 2am on 27.03.2013 and destroyed the fencing stones. This case had investigated by Lijo Joseph, Sub Inspector of Police, Kanjirappally and found that the case was not true based on the witness statement and situation. For this we have questioned 3 independent witnesses.
It is submitted that, on 05.09.2013 another case has registered on the basis of a CMP on the complaint of Mr.Sekharapillai Cr.No.802/13 under Section 347, 195A, 386 and 34 IPC. The brief of the case petitioner and family gone to Mr.Babu's house at Thumpamada to discuss the matter of dispute between colony people. It is alleged that, between the discussions the complainant and family withdraw the discussion and tried to leave the place, but the accused persons Babu and Sibu Devasya were forced and obtained his sign in the documents which state that the dispute is over. This Case had investigated by Sub Inspector Ramesan and found false on 07.11.2013 from the witness statements and investigation and situations.
It is submitted that, on 01.10.2013 he logged another petition to Deputy Superintendent of Police Kanjirappally as petition No.274/13 alleged that Babu Kaipally assaulted him. For this same matter on 10.10.2013 he logged another complaint. On this matter the petition had sent to court for permission and registered a case as Cr.920/13. This case investigated by Sub Inspector (G) Manojkumar. For the same matter the petitioner had filed CMP to the Honourable Judicial First Class Magistrate, Kanjirappally and registered a case as Cr.930/13. 920/13 charged on 27.11.2013 and 930/13 closed as FAD because both and 930 are same matter.
It is submitted that, on 09.10.2013 he logged another complaint to the District Police Chief and same had directed to the Circle Inspector, Kanjirappally and registered as petition on 04.01.2014. In this the petitioner alleged that the Kanjirappally police conspire with the culprits who is mentioned in his petitions. The matter is under the consideration of Circle Inspector, Kanjirappally.
It is submitted that, the petitioner had submitted a complaint No.231/13 against the 5 to 7 respondents to District Police chief, state that they abused him and thrown the stones on his house on 19, 20 and 21. But the month was not mentioned. He alleged police did not take any further action for this. In connection with this, when we have contacted Mr.Sekharapilla he said that he will meet this matter in the court and not coming to police station and he was not cooperative.
It is submitted that, a colony is situating near the property of the complainant and a civil dispute is going on there. The respondents are interested to annex the colony road. Hence both of them are in enmity. All the cases submitted by the complainant before the court are investigate by police in time and except on all the above mentioned cases were referred and final report submitted. While referring the cases Refer notice has been given to the complainant for acknowledgment. As the investigation was proper and hones and truthful, the Investigating Officer prayed to the Honourable Court that another investigation is not required.”
4. The petitioners filed reply statement denying the allegations.
5. When the case came up for hearing today, the learned Public Prosecutor submitted that except in one crime namely Crime No.920/2013 in which, after investigation, final report was filed, all other cases have been investigated and refer charges have been filed after giving notice to the petitioner. So, their remedy is to approach the court by filing private complaint if they are not satisfied with the final report filed. When this was pointed out to the Counsel for the petitioners, the Counsel for the petitioners submitted that the above statement filed by the 4th respondent may be recorded leaving open the right of the petitioners to move the appropriate forum to redress their grievance in accordance with law. So, the statement filed by 4th respondent, and the above submissions made by the Government Pleader and the Counsel for the petitioners are recorded and the petition is disposed of with liberty for the petitioners to take appropriate legal action to redress their grievance against the refer report said to have been filed in the complaints filed by them in accordance with law before appropriate forum.
With the above direction and observation, the petition is disposed of.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge