Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(CRL.) NO. 157 OF 2024 CRIME NO.695/2023 OF KADAVANTHRA POLICE STATION, ERNAKULAM PETITIONER: SAMEED V. M AGED 34 YEARS, S/O MUHAMMED V.V, RESIDING AT VAYALAKKADYU HOUSE U.C. COLLEGE P.O., ALUVA, KOCHI, PIN - 683102 BY ADVS. LAL K.JOSEPH P.MURALEEDHARAN (THURAVOOR) T.A.LUXY SURESH SUKUMAR ANZIL SALIM SANJAY SELLEN SONIA SHIBU RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATE POLICE CHIEF STATE POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695010 3 COMMISSIONER OF POLICE PARK VIEW, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011 4 THE SUB INSPECTOR OF POLICE KADAVANTHRA POLICE STATION, KADAVANTHRA, ERNAKULAM, PIN - 682020
5 PRIYANKA B.T AGED 29 YEARS D/O BALACHANDRAN NAIR S KIZHAKKE EDAVILAKAM HOUSE MALAYINKEEZHU, THIRUVANATHAPURAM, PIN - 695571 6 RAJEEV B.T AGED 31 YEARS S/O BALACHANDRAN NAIR S KIZHAKKE EDAVILAKAM HOUSE MALAYINKEEZHU, THIRUVANATHAPURAM, PIN - 695571 BY ADVS. SMT.SREEJA V., SENIOR PUBLIC PROSECUTOR JANI A SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P. SHRI.SAJJU.S., SENIOR G.P. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The prayer in this Writ Petition is to direct the 2 nd and 3rd respondents to entrust the investigation of Ext.P1 crime to any other agency. The learned Public Prosecutor, Smt. Sreeja V. on instructions, submitted that the investigation has already been over and the final report has been filed. Hence, the prayer in this Writ Petition has become infructuous. Accordingly, the Writ Petition is dismissed with liberty to the petitioner to challenge the final report, if he is aggrieved by the same. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR APPENDIX OF WP(CRL.) 157/2024 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE F.I.R NO: 695 OF 2023 DATED 24/6/2023 ON THE FILE OF KADAVANTHRA POLICE STATION, ERNAKULAM Exhibit P2 THE SCREEN SHOT OF THE VIEDO ADVERTISEMENT Exhibit P2(a) THE SCREEN SHOT OF THE TRANSCRIPTION Exhibit P2(b) THE BROCHURE OF THE TRADE COOPERS. Exhibit P3 THE TRUE COPY OF THE EXTRACT OF THE
ACCOUNT STATEMENT OF THE PETITIONER BEARING NO. 43310035141 DATED 31/1/2022 OF THE STANDARD CHARTERED BANK Exhibit P4 THE TRUE COPY OF THE MASS PETITION DATED NIL FILED BY THE PETITIONER ALONG WITH EIGHT OTHER INVESTORS TO THE HONOURABLE CHIEF MINISTER OF KERALA Exhibit P4(a) TRUE COPY OF THE RECEIPT DATED 20/5/2023 EVIDENCING THE RECEIPT OF EXT.P4 Exhibit P5 THE TRUE COPY OF THE PROCEEDINGS FOR THE COMPLAINT FILED BEFORE THE WOMEN’S COMMISSION BY THE 5TH RESPONDENT AGAINST THE PETITIONER ALONG WITH THE COMPLAINT
Exhibit P6 THE TRUE COPY OF THE ORDER DATED 30.12.2023 IN CRIMINAL MC 3218 OF 2023 ON THE FILE OF DISTRICT COURT, THIRUVANANTHAPURAM Exhibit P7 THE TRUE COPY OF THE RECEIPT BEARING NO. THE RECEIPT OF COMPLAINT GIVEN TO ALUVA WEST POLICE STATION BY THE PETITIONER Exhibit P8 THE TRUE COPY OF THE INSTRUCTION MEMO DATED 29.11.2023 TO THE 4THE RESPONDENT ISSUED BY THE ASSISTANT COMMISSIONER OF POLICE, ERNAKULAM Exhibit P9 THE TRUE COPY OF THE CIRCULAR NO. 32 OF 2020 DATED 19.08.2020 ISSUED BY THE 2ND RESPONDENT Exhibit P10 THE TRUE COPY OF THE TRANSCRIPTION OF THE WHATSAPP AUDIO RECORDING SEND TO VARIOUS INVESTORS Exhibit P11 THE TRUE COPY OF THE E-MAIL COMMUNICATION SEND TO THE ENFORCEMENT DIRECTORATE DATED 12.11.2023 Exhibit P12 THE TRUE COPY OF THE SCREENSHOT OF THE WHATSAPP VIDEO SEND BY THE 5TH RESPONDENT TO THE PETITIONER AND OTHER INVESTORS Exhibit P13 THE TRUE COPY OF THE EMAIL COMMUNICATION DATED 31/1/2024 SENT BY THE PETITIONER TO SEBI RESPONDENTS' EXHIBITS: NIL