IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 3^RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943 WP(CRL.) NO. 506 OF 2021 PETITIONER:

D.N.CALVIN CHRISTO AGED 45 YEARS S/O.DASAYYAN, VIMALDA, ANCHALIKONAM P.O., AYIRA P.O., PARASSALA, THIRUVANANTHAPURAM DISTRICT, FORMER TREASURER, CHURCH OF SOUTH INDIA, SOUTH KERALA DIOCESE, LMS COMPOUND, MUSEUM, THIRUVANANTHAPURAM DISTRICT.

BY ADV SHAJIN S.HAMEED RESPONDENTS:

1 THE STATE POLICE CHIEF KERALA, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM PIN CODE 695 010

2 THE DIRECTOR CRIME BRANCH, KERALA, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM PIN CODE 695 010

3 THE INSPECTOR GENERAL OF POLICE CRIME BRANCH, THIRUVANANTHAPURAM RANGE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM PIN CODE 695 010

4 THE DEPUTY SUPERINTENDENT OF POLICE CRIME BRANCH CENTRAL UNIT-I, EANCHAKKAL, PAZHAVANGADI, THIRUVANANTHAPURAM PIN CODE 695 008

5 THE INSPECTOR OF POLICE VELLARADA POLICE STATION, VELLARADA, THIRUVANANTHAPURAM DISTRICT, PIN CODE 695 505 SR.PP - SMT. SREEJA V THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner is the de facto complainant in Crime No. 859 of

2019 of Vellarada police station which was registered on the basis of a complaint preferred by him before the Judicial First Class Magistrate's Court-III, Neyyattinkara which was forwarded to the Vellarada police station for registering the crime and investigation. Thus that crime was registered alleging offences punishable under Sections 120B, 403, 406, 378, 380 read with Section 34 of the IPC.

2. The precise allegation against the accused persons is that large-scale misappropriation of funds of Dr. SMCSI Medical College, Karakonam have taken place. The petitioner claims that he was the former Comptroller of the said medical college and the accused persons were the former Director, Comptroller, Principal, and Treasurer respectively of the medical college and the 5^th accused is a stranger who had allegedly alligned with the other accused persons in committing serious acts of mischief and misappropriation of funds. During the course of investigation, similarly placed other aggrieved persons also moved this Court and sought a direction for entrusting the investigation with the Crime-Branch. Accordingly, by Ext.P3 judgment dated 28^th February 2020, this Court directed to entrust the investigation with the Crime Branch. During the course of investigation, some of the accused persons approached this Court for anticipatory bail. While considering the anticipatory bail applications, this Court noticed that the investigation has been harping only against some of the employees, who had only lesser role in the commission of the crime. The Court noticed that leaving big sharks, investigation was being proceeded only against employees of the college alone. Thus the Court while granting anticipatory bail to some of the accused, sought a report from the Investigating Officer. Accordingly, a report was filed and after elaborate consideration of the report the Court felt that the investigation should be expedited and by Ext.P6 order the Crime-Branch was directed to complete the investigation and file a final report within three months from that day, that is from 30^th September 2020. Ext.P8 is the final report filed by the Investigating Officer referring the case as undetected.

3. The learned counsel for the petitioner submits that even though large scale misfeasance and malfeasance were committed by the accused persons, with the intention of helping the real culprits, the police has hurriedly laid the final report describing the case as undetected which is illegal and therefore, Ext.P8 is sought to be quashed.

4. I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.

5. According to the learned counsel for the petitioner, describing a case 'undetected' is something alien