Basil Kuriakose v. Dy. Superintendent Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 WP(C).No. 25823 of 2015 (C) ---------------------------- CMP. NO.39/2015 OF VIGILANCE COURT, THRISSUR. .......

PETITIONER(S):

-------------------------- BASIL KURIAKOSE, S/O.KURIAKOSE, AGED 37 YEARS, ADVOCATE, MANGALATH HOUSE, WEST VENGOLA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, PIN- 683 556. BY ADVS.SRI.NOBLE MATHEW, SRI.JESTIN MATHEW.

RESPONDENT(S):

----------------------------

1. DY. SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, ERNAKULAM UNIT, PIN-682 017.

2. CIRCLE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, ERNAKULAM UNIT, PIN-682 017.

3. THE DIRECTOR OF VIGILANCE, TRIVANDRUM-695 033.

4. VENGOLA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VENGOLA P.O, PERUMBAVOOR, ERNAKULAM DISTRICT-683 556.

5. M.M. AVARAN, PRESIDENT, VENGOLA GRAMA PANCHAYATH, PERUMBAVOOR-683 556.

6. C.M. ASHRAF, MEMBER, VENGOLA GRAMA PANCHAYATH, PERUMBAVOOR-683 556.

7. CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS DIRECTOR, NEW DELHI-110 001. R1 TO R3 BY PUBLIC PROSECUTOR SMT.P. MAYA.

R7 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 25823 of 2015 (C) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 COPY OF THE NOTICE PRINTED BY RESPONDENT NO.6 DATED 13/03/2013.

EXHIBIT P2 COPY OF THE NOTICE DATED NIL PUBLISHED BY RESPONDENT NO.5 AND 6 UPON THE COVER UP PANCHAYATH PRESIDENT AND PANCHAYATH MEMBER.

EXHIBIT P-3 COPY OF THE COUPON RECEIVED BY THE PETITIONER. EXHIBIT P4 PHOTOCOPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE RESPONDENT NO 3.

EXHIBIT P5 PHOTOCOPY OF THE INFORMATION RECEIVED BY THE PETITIONER DATED 23/03/2015.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

B.KEMAL PASHA, J.

================ W.P.(C) No. 25823 of 2015 ======================= Dated this the 6th day of October, 2015

JUDGMENT

The petitioner has preferred a complaint relating to an offence under Section 420 IPC allegedly being committed by respondents 5 and 6 under the guise of an organization. It is alleged that they have amassed much money under the guise of "Karunnya Hrudayathalam Scheme, Vengola Panchayat'. It is alleged that by making a propaganda that it is a project of the Vengola Grama Panchayat, they have received donations from various persons. The Panchayat has no such programme. On the ground that a similar complaint is pending before the Ombudsman for Local Self Government, the Investigating Officer has decided to drop the investigation in the matter.

2. In case of specific allegations, the petitioner can file a private complaint before the concerned court and get it

W.P.(C) No. 25823 of 2015 referred to the Police under Section 156(3) Cr.P.C. When such a course is open to the petitioner, this Writ Petition is only to be closed and I do so.

In the result, this Writ petition is closed.

Sd/- B.KEMAL PASHA, JUDGE stu