2017 Supreme(AP) 77

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
A. Ramalingeswara Rao, J.
Operation Mobilization India, rep. by Dr. Joseph DSouza and others - Petitioners
Vs.
The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and others - Respondents
Writ Petition No. 40742 of 2016
Decided On : 03-04-2017

Headnote:

Articles 226/227, 14, 20, 21, 19 and 21 - Indian Penal Code,1860 - Sections 384,506, 2(s), 200, 219,220,409, 406, 415, 405 or 409 420 and 477(A) -Foreign Contribution (Regulation) Act, 2010 - Section 37 - Criminal Procedure Code - Sections 91/160, 156(3), 210 - Petitioner is a Religious Trust registered under the Bombay Public Trusts Act 1950 and running different Charities/NGOs from the same office premises with a turnover of more than second petitioner is a Moderator of these organizations and a Bishop also - Third petitioner is the son of the second petitioner fifth respondent lodged a complaint with the third respondent and the third respondent directed the registration of the complaint. Accordingly, the fourth respondent registered the complaint as Crime In the complaint the fifth respondent claimed that he worked as Chief Financial Officer and in other roles in the first petitioner organization from - He listed out various acts and omissions by the petitioners - Petition stating that on an earlier occasion on the basis of complaint of one an associate of the fifth respondent on reference from the court was registered and ultimately the complaint was closed due to lack of evidence after a final report was filed in the Court - After filing the final report, no action was taken by the de facto complainant therein but, however, he submitted representations to the Commissioner of Police in and again in requesting the Commissioner of Police to entrust the case - Apart from he sent anonymous complaints to the Director of Enforcement, Hyderabad, and an enquiry was made pursuant to the said complaints, and it did not reveal anything. He also lodged complaints with the Department but the Department disposed of the complaints advising him to approach appropriate forum - He was also addressing the foreign communities by e-mail by repeating the false allegations against the first petitioner and its management - Writ Petition was filed on the ground that in respect of the same allegations the second complaint is not maintainable, the complainant earlier worked as Group Finance - Director and he was suspended from service due to gross misconduct abuse wife abuse and breach of other organizational policies. Since the time of his suspension - Approached the Magistrate by filing a private complaint which was referred, registered as Crime and closed as aforesaid he filed another complaint with the Police at Police Station and the same was registered as Crime against the second petitioner and six others said complaint was lodged with the allegation that the second petitioner and others threatened him and forcibly took his resignation - Though the police tried to investigate the said complaint, when the complainant did not cooperate with them a final report was filed closing the complaint for lack of evidence - Held, Lawfully searching for the true facts of an event under investigation and on an equal faithfulness, exactness, and probity in reporting the results of an investigation. Modern investigators are persons who stick to the truth and are absolutely clear about the time and place of an event and the measurable aspects of evidence - They work throughout their investigation fully recognizing that even a minor contradiction or error may destroy confidence in their investigation - Criminal investigation techniques offers new horizons of efficiency in criminal investigation - New perspectives in investigation bypass reliance upon informers and custodial interrogation and concentrate upon a skilled scanning of the crime scene for physical evidence and a search for as many witnesses as possible - Mute evidence tells its own story in court either by its own demonstrativeness or through the testimony of an expert witness involved in its scientific testing - Such evidence may serve in lieu of, or as corroboration testimonial evidence of witnesses found and interviewed by police in an extension of their responsibility to seek out the truth of all the circumstances of crime happening - An increasing certainty in solving crimes is possible and will contribute to the major deterrent of crime the certainty that a criminal will be discovered arrested and convicted - Parameters formulated as in our comprehension in the unique facts and circumstances of the case any contrary view would leave the completed process of crime detection in the case wholly inconsequential and the judicial process impotent court of law to reiterate has to be an involved participant in the quest for truth and justice and is not expected only to officiate a formal ritual in a proceeding farseeing an inevitable end signaling travesty of justice - Mission justice so expectantly and reverently entrusted to the judiciary would then be reduced to a teasing illusion and a sovereign and premier constitutional institution would be rendered a suspect for its existence in public estimation - Considering the live purpose for which judiciary exists this would indeed be a price which it cannot afford to bear under any circumstance - Petition is accordingly dismissed.