JUDGMENT

These two writ petitions are filed to transfer the investigation in three crimes to the Central Bureau of Investigation. W.P.(C)No.29490 of 2012 is filed with the following prayers:

“(i) to issue a Writ of Mandamus or order or direction to the 4 th respondent to take over the investigation of Crime No.165/2012 and Crime

No.542/2012 of Kozhikode Town Police Station and to take appropriate action in accordance with law without any delay;

(ii) to issue a Writ of Mandamus or order or direction to the Respondents 1 and 2 to hand over the entire case diary of Crime No.165/2012 and 542/2012 of Kozhikode Town Police Station to the 4 th respondent for conducting further investigation in the matter and to bring the real culprits before Court of law;

(iii) to issue a Writ of Mandamus or order or direction to the 4 th respondent to take over the investigation of Crime No.165/2012 and 542/2012 of Kozhikode Town Police Station without any delay and to examine whether any similar incident occurred in the 3 rd respondent bank other than the complaints filed by the Petitioners;

(iv) to issue such other appropriate Writ, Order or direction as is deemed just and necessary in the circumstances of the case.”[SIC]

2.

W.P.(C)No.1600 of 2014 is filed with the following prayers:

“(i) to issue a Writ of Mandamus or order or direction to the 5 th respondent to take over the investigation of Crime No.634/2012 of Kozhikode Town Police Station and to take appropriate action in accordance with law without any delay;

(ii) to issue a Writ of mandamus or order or direction to the Respondents 2 and 3 to hand over the entire case diary of Crime No.634/2012 of Kozhikode Town Police Station to the 5 th respondent for conducting further investigation in the matter and to bring the real culprits before Court of law;

(iii) to issue a Writ of Mandamus or order or direction to the first respondent to consider and pass appropriate orders on Ext.P3 representation filed by the petitioner as expeditiously as possible and at any rate within a time limit that may be fixed by this Hon'ble Court;

(iv) to issue such other appropriate Writ, Order or direction as is deemed just and necessary in the circumstances of the case.”[SIC]

3. Today when the matter came up for consideration, the learned Government Pleader after getting instructions submitted that, the investigation in these cases were transferred to Crime Branch and in one case the final report is already filed and in the other two cases, the investigation will be completed within two months. The Government Pleader submitted that the final report is already filed in 49/CR/EOW-III/KKD/2015. It is submitted that, as far as 48/CB/KKD/2015 and 50/CB/KKD/15 WYD are concerned, two months time is necessary to complete the investigation. In the light of the above submission, no further order is necessary. Therefore, recording the submission of the Government Pleader, these writ petitions are closed.

Sd/- P.V.KUNHIKRISHNAN

DM

JUDGE APPENDIX OF WP(C) 1600/2014

PETITIONER EXHIBITS P1: COPY OF THE F.I.R. NO.634/2012 DATED 18.12.2012 REGISTERED BY THE SUB INSPECTOR OF POLICE, KOZHIKODE TOWN POLICE STATION.

P2: COPY OF THE NEWS ITEM PUBLISHED IN THE NEWS PAPER DAILY THE HINDU DATED 22.10.2004. P3: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 1.1.2014. RESPONDENTS EXHIBITS : NIL APPENDIX OF WP(C) 29490/2012 PETITIONER EXHIBITS P1: TRUE COPY OF THE F.I.R.

NO.165/2012 DATED 29-3-2012 OF

KOZHIKODE TOWN POLICE STATION.

P2: TRUE COPY OF THE F.I.R.

NO.542/2012 DATED 2-11-2012 OF

KOZHIKODE TOWN POLICE STATION.

P3: TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE NEWS PAPER DAILY THE HINDU DATED 22-10-2004. P4: TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAM