CBI investigation warranted when local police fail to conduct fair investigations, especially in cases of serious misconduct and manipulation of evidence.

ORDER :

G. GIRISH, J.

Crime No.651/2014 registered by the Pathanamthitta Police in respect of the commission of offence under Section 420 read with Section 34 of the Indian Penal Code, 1860, (in short, ‘IPC') upon a complaint preferred by the petitioner herein, is the bed-rock of the issues involved in this Writ Petition and Crl.Revision Petition.

2. The parties are referred hereafter in their respective capacities and ranks as shown in WP(C) No.30780/2018, for the sake of convenience.

3. A conspectus of the case of the petitioner is as follows:-

The petitioner, a middle aged lady, complained about the cheating perpetrated upon her by the respondents 1 and 2, who in their capacities as the Manager and Legal Advisor respectively, of a partnership firm by name, ESSEN Bankers, collected a total amount of Rs.27.5 lakhs from her with the offer that she would be provided with dealership in the automobile business proposed to be commenced by them, and thereafter defrauded her without honouring the above assurance, or giving back the amount collected from her. The petitioner is stated to have paid the above amount by way of two cheques of Rs.3,50,000/- each and cash Rs.20,50,000/-. Finding that the investigation is not effective, the petitioner filed a detailed representation before the 6^th respondent, upon whose direction, the investigation was handed over to the CBCID EOW-1, which refiled the case with the number 10/CR/EOW-1/KLM/15. Still aggrieved by the lack of progress in the investigation, she approached this Court for a direction to the State Police Chief to monitor the investigation either by himself or by an officer not below the rank of Inspector General of Police, and for a further direction to the 5^th respondent to complete the investigation expeditiously within a time frame. In the above Writ Petition, the Detective Inspector, CBCID, EOW-1, filed a statement in which it was stated that the original cheques which the accused encashed at SBT, Chengannur, were recovered. However, the above cheque leaves were not produced before the Magistrate concerned. Again at the intervention of this Court upon the complaint of the petitioner about the tardy investigation, it was submitted by the Public Prosecutor concerned that the investigation was at the final stage, and that the Final Report would be filed within three months. Upon enquiry, the petitioner came to know that the respondents 3 and 4, who were the Detective Inspector and Detective Sub Inspector respectively, neither prepared a mahazar regarding the recovery of two cheque leaves from SBT, Chengannur, nor produced the above cheque leaves before the court concerned. The further enquiries made by the petitioner revealed that the above cheque leaves seized by the respondents 3 and 4, were missing. Realising that the aforesaid cheques which were crucial pieces of evidence, were deliberately destroyed to save the culprits, the petitioner made a detailed representation before the 6^th respondent to take action against respondents 3 and 4. The 6^th respondent directed an enquiry to be conducted by the Superintendent of Police, CBCID OCW-2 with regard to the above missing of vital documents during the course of investigation. Finding that the enquiry was being conducted in a prejudicial manner with the intention of exonerating the 3^rd respondent, the petitioner filed a detailed complaint before the 7^th respondent to issue the necessary orders to register an FIR against the respondents 3 and 4 for causing disappearance of evidence and screening the actual culprits from legal punishment. On the basis of the above complaint, the respondents 3 and 4 were arraigned as accused Nos.4 and 5 in Crime No.10/CR/EOW