M.T. Scariah vs Sandhya Aiyyar and Others

Thomas P. Joseph, J.—Petitioner is the de facto complainant in Crime No. 487 of 2010 of Wadakkancherry Police Station. According to him the Innova Car belonging to his wife was agreed to be sold to the first Respondent for Rs. 9,80,000/- on 22.02.2010. Pursuant to that agreement the first Respondent issued a few cheques drawn on Axis Bank. The vehicle was handed over to the first Respondent and it was driven off by the second Respondent. Cheques (allegedly) issued by the first Respondent were later dishonoured. Petitioner alleged that Respondents were cheating his wife and accordingly filed complaint to the police for offence punishable u/s 420 of the Indian Penal Code. According to the Petitioner there is total inaction on the part of police in recovering the Car and arresting the culprits. It is therefore prayed that a direction may be issued to the fourth Respondent to complete investigation within a stipulated time arresting the culprits. There is also a prayer for a direction to the fifth Respondent to conduct proper investigation of the case. I have heard learned Counsel for Petitioner and learned Public Prosecutor.

Learned Public Prosecutor submitted that investigation is proceeding, the Deputy Superintendent of Police, Crime Detachment, Rural has taken up investigation of the case and it is continuing.

Question whether person alleged to be the offender has to be arrested or not is something which comes in the realm of investigation. As the Public Prosecutor submitted, investigation is now conducted by a senior Officer. There is no reason why I should interfere with the same at this stage. In view of the submission of learned Public Prosecutor no direction as prayed in this petition is required to be issued.

Writ Petition is disposed of as above.