Alok P. Sunil V. Assistant Commissioner of Police, Crime Detachment, Thrissur and General Manager, Non-Banking Finance Companies Supervision, Regional Office, Reserve Bank of India and Governor, Reserve Bank of India and Superintendent, Central Bureau of Investigation, Cochin Unit and Director, Central Bureau of Investigation, New Delhi and Secretary, Ministry of Personnel, Public Grievances and Pension and Manappuram Finance Ltd and V. P. Nandakumar and Sheela and Lakshmi and Jain Francis and I. Unnikrishnan and B. N. Raveendrababu and Manomohan and Manoharan and Sankaranarayanan and V. R. Ramachandran and Shylesh and Gouthan Saigal and Jagadeesh Kapoor and Gourav Mathoor

WP(C)/30321/2014

AI Insights

The case involves a writ petition filed by Alok P. Sunil seeking a directive for the Central Bureau of Investigation (CBI) to investigate a crime registered under various sections of the Indian Penal Code, including Sections 409, 464, 467, 468, 420, and 120 B. The High Court of Kerala had earlier directed that the investigation be conducted by an officer not below the rank of Deputy Superintendent of Police, which is currently being handled by the Assistant Commissioner of Police, Crime Detachment, Trichur. The petitioner argued for a CBI investigation, but the court found no sufficient reason to deviate from the existing investigative framework and dismissed the petition.

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 808659 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 02-03-2015
• Assessment Year: misc
• Other Referred Cases: WPC No. 4450/13, CCC 1316/14
• Laws Referred To: Indian Penal Code
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: S; MILLU DANDAPANI; P PILLAI; N NAGRESH; C P NIAS
• Assessee Lawyers: UNNIKRISHNAN ALAPATT
• Keywords: Central Bureau of Investigation; Effective Investigation; Investigation; Writ petition; Crime
• Section: 468; 409; 120-B; 120-B; 420; 467; 464

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 WP(C).No. 30321 of 2014 (M) ---------------------------- PETITIONERS : -------------------------- ALOK P.SUNIL, AGED 24 YEARS POYYARA HOUSE, KATTOOR P.O., THRISSUR DISTRICT. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENTS : -------------------------- 1. ASSISTANT COMMISSIONER OF POLICE CRIME DETACHEMENT, THRISSUR - 680 001. 2. GENERAL MANAGER NON BANKING FINANCE COMPANIES SUPERVISION REGIONAL OFFICE, RESERVE BANK OF INDIA BAKERY JUNCTION, THIRUVANANTHAPURAM - 695 001. 3. GOVERNOR RESERVE BANK OF INDIA, MUMBAY - 400 030. 4. SUPERINTENDENT CENTRAL BUREAU OF INVESTIGATION COCHIN UNIT - 682 016. 5. THE DIRECTOR CENTRAL BUREAU OF INVESTIGATION NEW DELHI - 110 001. 6. THE SECRETARY MINISTRY OF PERSONNEL, PUBLIC GRIEVENCES AND PENSION NEW DELHI - 110 001. 7. MANAPPURAM FINANCE LTD HAVING ITS REGISTERED OFFICE AT VALAPPAD P.O. THRISSUR DISTRICT REP. BY ITS MANAGING DIRECTOR V.PNANDAKUMAR S/O. LATE V.C.PADMANABHAN, PADMA SAROJ VAZGHAPPILLY HOUSE, THRISSUR DISTRICT - 680 567. -2- -2- 8. V.P.NANDAKUMAR MANAGING DIRECTOR, MANAPPURAM FINANCE LTD, VALAPPAD THRISSUR - 680 657. 9. SHEELA MANAGER, MANAPPURAM FINANCE LTD, NAIKKANAL BRANCH THRISSUR DISTRICT - 680 001. 10. LAKSHMI MANAPPURAM FINANCE LTD, NAIKKANAL BRANCH THRISSUR DISTRICT - 680 001. 11. JAIN FRANCIS MANAPPURAM FINANCE LTD, NAIKKANAL BRANCH THRISSUR DISTRICT - 680 001. 12. I.UNNIKRISHNAN MANNATH HOUSE, MANNATH LANE, THRISSUR - 680 001. 13. B.N.RAVEENDRABABU BLANGATT HOUSE, KAIPPAMANGALAM, THRISSUR - 680 681. 14. MANOMOHAN 7/71 A ASWATHI, HIGH SCHOOL ROAD, CHENTHRAPPINI THRISSUR - 680 681. 15. MANOHARAN TC 6/657, VAILAPPILLI, KUNDUVARA ROAD CHEMBOOKKAVU, THRISSUR - 680 001. 16. SANKARANARAYANAN 10-C, SKYLINE BRENT WOOD, SAY RILL ROAD KOORKKENCHERRY, THRISSUR - 680 007. 17. V.R.RAMACHANDRAN VAILAPARAMBIL HOUSE, 50/840, AYYANTHOLE THRISSUR - 680 003. 18. SHYLESH METHA APARTMENT 142, 14TH FLOOR, LAKSHMI VILAS 87 NAPEAN SEA ROAD, MALABAR HILLS, MUMBAI - 400 006. 19. GOUTHAN SAIGAL M/S. A.A.INDIAN CAPITAL ADVOSORS (P) LTD 63 MAKER MAXITY, LEVEL 163, NORTH AVENEUE BANDRA KURIA COMPLEX, BANDRA EAST, MUMBAI. 20. JAGADEESH KAPOOR 1601, VBROOKE VILLE, 359 MOGUL LANE MAHIM, MUMBAUI - 400 016. -3- -3- 21. GOURAV MATHOOR FLAT NO. 18 402, MARLOW CO-OPERATIVE HOUSING SC LTD 62, B S POCHKHAM WAQLA ROAD, WORLI MUMBAI - 400 030. BY ADV. GOVERNMENT PLEADER SMT.S.HYMA R2 & 3 BY ADV. SRI.MILLU DANDAPANI R4 & R5 BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I. R6 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R7-R21 BY ADV. SRI.C.P.MOHAMMED NIAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS WP(C).No. 30321 of 2014 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE DEPOSIT RECEIPT DT. 10.11.11. EXT.P2 - TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE RESERVE BANK OF INDIA, APPEARED ON 05.2.12 IN MALAYALA MANOREMA DAILY. EXT.P3 - TRUE COPY OF THE COMPLAINT FIELD BY THE PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, TRICHUR DT. 11.9.12. EXT.P4 - TRUE COPY OF THE FIRST INFORMATION REPORT IN CR. NO. 2023/11. EXT.P5 - TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO. 4450/13 DT. 23.7.13. EXT.P6 - TRUE COPY OF THE JUDGMENT IN CCC 1316/14 OF THIS HON'BLE COURT. EXT.P7 - TRUE COPY OF THE INCOME TAX RETURNS OF THE 8TH RESPONDENT FOR THE ASSESSMENT YEAR 2010-11. RESPONDENT(S)' EXHIBITS NIL ----------------------------------------- /TRUE COPY/ PA TO JUDGE VS P.UBAID, J --------------------------------------- W.P.C.No.30321 of 2014 ---------------------------------------- Dated this the 2nd day of March, 2015 JUDGMENT The writ petitioner herein seeks a direction for investigation by the Central Bureau of Investigation in a crime registered under Sections 409, 464, 467, 468, 420 and 120 B of IPC. In an earlier proceeding brought as WP(c) No.4450/13, this court had directed investigation by an officer not below the rank of Deputy Superintendent of Police. There is report now that, the crime is now being investigated by Assistant Commissioner of Police, Crime Detachment, Trichur, as directed by this court. 2. The reports filed by the police periodically will show that, effective investigation is in progress. Of course, it is true that, some of the accused have brought proceeding to quash the criminal prosecution on certain grounds. Those petitions will heard separately. The writ petitioner doesn't satisfy the court, why the CBI should intervene in this matter. This court directed proper and effective investigation by a police officer not below the W.P.C.No.30321 of 2014 2 rank of Deputy Superintendent of Police, and such investigation is in progress. I find no reason or ground at this stage to interfere or to think of a different course, and order investigation by CBI. I do not think that this is a fit case for the involvement of the CBI. Accordingly, this writ petition is dismissed. However, this court repeats the direction already made in the earlier proceeding that the crime shall be effectively, and properly investigated, and the final report shall be submitted without any delay. Sd/- P.UBAID JUDGE /TRUE COPY/ PA TO JUDGE vs "