The court has the inherent power to transfer an investigation to another agency if it is satisfied that the investigation is not being conducted properly or fairly.

JUDGMENT

(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, to direct the 2nd respondent to register a case through 3rd or 4th respondent based on the complaints of the petitioner dated on 20.04.2019 & 15.06.2019 and subsequently act in accordance with law or pass further orders.)

1. Mr.Kader Batcha, while he was serving as Inspector of Police, was arrayed as additional accused in Crime No.114 of 2005 for the alleged offences under Sections 193, 196, 213, 217 and 218 of I.P.C and Section 19 of Prevention of Corruption Act r/w 120-B and r/w 34 I.P.C and Section 3 and 25(1) of Antiquities and Art Treasures Act, 1972, pursuant to the further investigation.

2. A fresh case also registered against him in Crime No.1/2017 by the Special Team headed by Mr.A.G.Ponn Manickavel, Inspector General of Police, for offences under Sections 392 r/w 397 I.P.C, 331, 168, 506 (i & ii) 348, 468 r/w Section 5 of Antiquities and Art Treasures Act of 1972, Sections 166-A (a), (b) and (c) of I.P.C r/w 166 r/w 27 of Arms Act, 1959. Being aggrieved, this petition is filed under section 482 of Cr.P.C for the relief stated above.

3. According to the petitioner regarding theft of 13 idols from Palavoor Temple, a case in Crime No.114/2005 was registered on 19/06/2005 much prior to the petitioner joined the idol wing team as Inspector. After he joined the Idol wing team in the year 2006, he continued the investigation in Crime No.114/2005 and filed the final report in the year 2008 against 8 accused. Out of 13 idols stolen, 4 were recovered from the possession of one Deenadayalan, who is arrayed as the 8th accused in the final report. The report was taken on file as C.C.No.2/2008 and the trial underway.

4. While so, the Idol Wing later headed by Mr.A.G.Ponn Manickavel, IPS., Inspector General of Police in collusion with Deenadayalan, the 8th accused in C.C.No.2/2008, who is also accused in various other idol theft cases had made Deenadayalan to give statement to the Magistrate before whom the trial pending and based on this statement believing it as 'judicial proved confession statement', the petitioner is falsely implicated in Crime No.114/2005 and also a new case in Crime No.1/2017 registered against him.

5. The petitioner has alleged malafide in this action and specifically accuses Mr.A.G.Ponn Manickavel, IPS., Inspector General of Police, the 5th respondent herein then Special Officer and Head of Special Investigation Team, Idol Wing cases, that he to gain the lens of the media, in collusion with Deenadayalan, had started to foist false cases on Officers like him, to quench his bureaucratic vengeance. Only to frame false cases on him, but for no other genuine reason, Mr.A.G.Ponn.Manickavel, had freed Deenadayalan the key accused from Palavoor case (Crime No.114 of 2005). In his additional final report Mr.A.G.Ponn Manickavel, I.P.S., included the name of Subash Chandra Kapoor and described him as the prime accused (A-1). In the report, he also gave an undertaking that steps will be taken to get consent from Republic of Germany to 'try' the extradited offender (Subash Chandra Kapoor). However, after two years, he requested the Government not to prosecute the extradited offender. Thus, his intention is clearly that to fix the petitioner and for that purpose Mr.A.G.Ponn Manickavel, I.P.S., has invented a story linking the petitioner and Subash Chandra Kapoor. After arrest and detention for 91 days, Mr.A.G.Ponn Manickavel got satisfied and to cover up his concoction, had advised the Government not to pursue with Germany Government regarding sanction/permission to try Subash Chandra Kapoor, in pending cases which will literally allow him to go scotch free from all his other crime of idols theft under investigation.

6. On the strength of the judicial confession statement alleged to have been given voluntarily by Deenadayalan, who is a notorious trader in stolen idols, Mr.A.G.Ponn Manickavel, Inspector General of Po