SUNNY POULOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the President of a Primary Agricultural Credit Co-operative Society. The affairs of the Society was managed by a three member Administrative Committee during the period from 28.09.2017 to 28.09.2018. The petitioner alleges that large scale misappropriation of funds was committed by the members of the Administrative Committee in collusion with the Secretary of the Society. According to the petitioner, the misappropriation runs into crores of rupees, some of which has been unearthed during the departmental audit. The petitioner had launched Ext.P7 complaint before the 3 rd respondent seeking registration of crime against the persons who had defalcated the funds of the Society. This writ petition is filed aggrieved by the fact that no further action is taken on the basis of the complaint lodged by the petitioner.

(2.) In the statement filed on behalf of the official respondents it is stated that on the same Act of allegations, Crime No.1642 of 2019 has been registered at the Kothamangalam Police Station for offences under Sections 406, 409, 420 read with 34 IPC . The Crime is registered at the instance of a member of the Society and statements of the petitioner and others was taken. The primary investigation revealed that a financial fraud to the tune of Rs.2,10,00,000/- was committed by the accused. Consequently, a detailed report was submitted before the Jurisdictional Magistrate Court to add Section 13(1)(c) of the Prevention of Corruption Act, 1988 in terms of Circular No.38/2010 of the Director General of Police which stipulates that cases involving defalcation of public funds is to be investigated by the Vigilance Department. For this purpose an application dated 01.08.2019 is submitted before the State Police Chief and the same is pending consideration.

(3.) The learned counsel for the petitioner submits that the matter has been pending before the State Police Chief from 01.08.2019 onwards and that the delay is causing substantial prejudice to the members of the Society, whose money is misappropriated. It is also submitted that delay in completing the investigation would provide the accused with an opportunity to tamper the evidence and influence witnesses.