Dismissed

G Vipinan v. Union of India

Kerala HC23 Jul 2024WP(C)/22559/2023

Case brief

AI extract

What is this about?

Petitioner applied for direction to investigate a FEMA complaint filed by him. The Enforcement Directorate stated investigation was underway. The High Court held it was premature to interfere and closed the petition, reserving liberty to approach the court if investigation was delayed.

What did the court decide?

Writ petition closed. Liberty reserved to initiate appropriate proceedings in case of undue delay.

G Vipinan Vs Union of India — Corruption | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946
WP(C) NO. 22559 OF 2023

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PETITIONER:

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G VIPINAN
AGED 70 YEARS
S/O GANGADHARANVAIDHYAN
SENIOR JOURANALIST
PADMA VILAS,
MUNDAKKAL KOLLAM -,
PIN - 691001
BY ADVS.
C.S.AJITH PRAKASH
T.K.DEVARAJAN
BABU M.
ANCY THANKACHAN
NIDHIN RAJ VETTIKKADAN
GOURI KAILASH

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RESPONDENTS:

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1UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
MINISTRY OF FINANCE ,
NORTH BLOCK NEW DELHI PIN,
PIN - 110001
2THE DIRECTOR OF ENFORCEMENT
DIRECTORATE OF ENFORCEMENT
1ST AND 2ND FLOOR MTNL BUILDING
 JAWAHARLAL NEHRU MARG,
NEW DELHI PIN 110002,
PIN - 110002
3SPECIAL DIRECTOR
SOUTHERN REGION,
ENFORCEMENT DIRECTORATE,
SHASTRI BHAWAN, 3RD FLOOR,
3RD BLOCK, B WING NO. 26,
HADDOWS ROAD ,
CHENNAI, PIN - 600006
4ADDITIONAL DIRECTOR
ENFORCEMENT DIRECTORATE REGIONAL OFFICE
COCHIN KANOOS CASTLE,
MULLASSERY CANAL ROAD WEST SHENOYS,
KOCHI, KERALA, PIN - 682011

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WP(C) NO. 22559 OF 2023

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2

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5 JOSEPH DEVASSYMOOLAN S/O M.V DEVASSY MOOLANHOUSE , ANGAMALY ERNAKULAM, PIN - 683572

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6 SAJU DEVASSSY MOOLAN MOOLANHOUSE , ANGAMALY ERNAKULAM, PIN - 683572

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7 JOY DEVASSY MOOLAN MOOLANHOUSE ,ANGAMALY ERNAKULAM, PIN - 683572

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8 DEPUTY GOVERNOR RESERVE BANK OF INDIA HEAD QUARTERS RESERVE BANK OF INDIA WRMP + 7HG NEW CENTRAL OFFICE BUILDING SHAHID BHAGAT SINGH ROAD FORT MUMBAI, MAHARASHTRA BY ADVS. PRINSUN PHILIP SRUTHY K K S.RAJEEV(K/000249/1993)

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OTHER PRESENT:

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SMT. SREEJA V (PP)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 22559 OF 2023

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BECHU KURIAN THOMAS, J.

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W.P.(C) No. 22559 of 2023

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Dated this the 23^rd day of July, 2024

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JUDGMENT

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Petitioner seeks for a direction for an investigation into Ext.P2 complaint filed by him and to initiate appropriate action in accordance with law.

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The allegations raised by the petitioner in Ext.P2 complaint have been registered as proceedings under the Foreign Exchange Management Act, 1999 (FEMA) and the same is under investigation. The learned Standing Counsel for respondents 2 to 4 submitted that the investigation has already commenced and that they are verifying various aspects of the alleged crime. It was also submitted that summons have been issued to witnesses and their statements are being recorded, and that every step possible is being initiated earnestly.

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Since the investigation is underway, as submitted by the learned Standing Counsel for the 3^rd respondent, I am of the view that it is too premature a stage for this court to

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WP(C) NO. 22559 OF 2023

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issue any directions or even to monitor or oversee the investigation. Since the Investigating Officer’s hands ought not to be tied down by any directions or orders of this Court, I am of the view that this writ petition can be closed, reserving the liberty of the petitioner to initiate appropriate proceedings in accordance with law if aggrieved by undue delay in completing the investigation.

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Hence, this writ petition is closed.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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AJM

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WP(C) NO. 22559 OF 2023

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APPENDIX OF WP(C) 22559/2023

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE COMPANY FROM THE KINGDOM OF SAUDI ARABIA

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Exhibit P1(a) THE ENGLISH TRANSLATION OF THE SAME Exhibit P2 . A TRUE COPY OF THE ABOVE COMPLAINT DATED 20.12.2022 SENT BY THE PETITIONER TO THE 3RD RESPONDENT

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Exhibit P3 A TRUE COPY OF THE LETTER DATED 09.01.2023 SENT BY THE PETITIONER TO THE 4TH RESPONDENT/ ADDITIONAL DIRECTOR

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Exhibit P4 A TRUE COPY OF THE LETTER DATED 31/01/2023 SENT BY THE PETITIONER TO THE HON'BLE MINISTER FOR FINANCE

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Exhibit P5 A TRUE COPY OF THE LETTER DATED 24/04/2023 ISSUED BY THE ASSISTANT DIRECTOR OF COCHIN OFFICE OF THE ENFORCEMENT DIRECTORATE

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Exhibit P6 A TRUE COPY OF THE LETTER DATED 27/04/2023 WRITTEN BY THE PETITIONER TO THE ASSISTANT DIRECTOR, ENFORCEMENT DIRECTORATE, NEW DELHI

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Exhibit P7 A TRUE COPY OF THE LETTER DATED 13/06/2023 SENT BY THE PETITIONER TO THE ASSISTANT DIRECTOR, ENFORCEMENT DIRECTORATE NEW DELHI

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Exhibit P8 A TRUE COPY OF THE EMAIL COMMUNICATION OF THE PETITIONER SENT TO THE 4TH RESPONDENT DATED 03/07/2023

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Exhibit P9 A TRUE COPY OF THE EXTRACT FROM COMMERCIAL REGISTER ISSUED BY THE MINISTRY OF COMMERCE SAUDI ARABIA, DATED 20-07-2023

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Exhibit P9(a) A TRUE COPY OF THE ENGLISH TRANSLATION EXTRACT FROM COMMERCIAL REGISTER ISSUED BY THE MINISTRY OF COMMERCE SAUDI ARABIA, DATED 20-072023

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RESPONDENT EXHIBITS EXHIBIT-R(5)(a) True copy of the balance sheet of the company named Spice City for

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WP(C) NO. 22559 OF 2023

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Foodstuff Trading Co, run by
Respondents 5 and 6

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`PETITIONER EXH` `Exhibit P10`	`IBITS` `A TRUE COPY OF THE PETITION DATED` `27.10.2023 WITHOUT ITS ATTACHMENT`
`Exhibit P11`	`A TRUE COPY OF THE NOTICE ISSUED BY` `THE ASSISTANT DIRECTOR DIRECTORATE OF` `ENFORCEMENT DATED 30.11.2023 TO THE` `PETITIONER`
`Exhibit P12`	`A TRUE COPY OF THE ADDITIONAL` `STATEMENT FILED BY THE PETITIONER` `DATED 02.12.2023 BEFORE THE ASSISTANT` `DIRECTOR ENFORCEMENT DIRECTORATE` `KOCHI`
`Exhibit P13`	`A true copy of the status report` `issued by the Ministry of Interior/` `Public Security, Kingdom of Saudi` `Arabia`
`Exhibit P14`	`A TRUE COPY OF THE PRESS RELEASE` `COVERING` `THE` `RELEVANT` `PERIOD` `PUBLISHED BY THE DIRECTORATE OF`
	`ENFORCEMENT, NEW DELHI, GOVERNMENT OF` `INDIA`
`Exhibit P15`	`A TRUE COPY OF THE LETTER DATED 16.` `12. 2023 RECEIVED BY THE PETITIONER` `FROM` `THE` `ASSISTANT` `DIRECTOR`
	`(VIGILANCE)` `DIRECTORATE` `OF` `ENFORCEMENT`
`Exhibit P16`	`A TRUE COPY OF THE EMAIL` `COMMUNICATION` `DATED` `18.12.2023`
	`RECEIVED BY THE PETITIONER FROM THE` `ASSISTANT` `DIRECTOR` `(VIGILANCE)` `DIRECTORATE OF ENFORCEMENT`
`Exhibit P17`	`A TRUE COPY OF THE REPLY, SENT BY THE` `PETITIONER THROUGH E - MAIL TO THE` `ASSISTANT` `DIRECTOR` `(VIGILANCE)` `DIRECTORATE OF ENFORCEMENT DATED`
	`19.12.2023`
`Exhibit P18`	`A TRUE COPY OF THE E - MAIL` `COMMUNICATION` `RECEIVED` `BY` `THE` `PETITIONER` `FROM` `THE` `ASSISTANT`
	`DIRECTOR (VIGILANCE), DIRECTORATE OF` `ENFORCEMENT DATED 29.01.2024`
`Exhibit P19`	`A TRUE COPY OF THE COMMUNICATION`
	`DATED 30.01.2024 ISSUED BY THE` `ASSISTANT DIRECTOR ( VIGILANCE)`

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WP(C) NO. 22559 OF 2023

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DIRECTORATE OF ENFORCEMENT TO THE PETITIONER

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Exhibit P20 A TRUE COPY OF THE PROFORMA FILLED UP BY THE PETITIONER AND FORWARDED TO THE DIRECTORATE OF ENFORCEMENT

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Exhibit P21 A TRUE COPY OF THE COMPLAINT ACCEPTANCE LETTER DATED 07.03.2024, ISSUED BY ASSISTANT REGISTRAR OF COMPANIES (AROC) COPY OF WHICH IS RECEIVED BY THE PETITIONER

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Exhibit P22 A TRUE COPY OF THE COVERING LETTER ISSUED TO THE PETITIONER BY THE ASSISTANT REGISTRAR OF COMPANIES DATED 28.03.2024

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Exhibit P23 A TRUE COPY OF THE REPLY SUBMITTED BY 6TH RESPONDENT TO THE ASSISTANT REGISTRAR OF COMPANIES DATED 22.03.2024, COPY OF WHICH IS MARKED TO THE PETITIONER

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Exhibit P24 A TRUE COPY OF THE REPLY TO THE CLARIFICATION ISSUED BY THE 'MOOLAN'S INTERNATIONAL EXIM PVT. LTD' TO THE AROC DATED 06.05.2024

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Exhibit P25 A TRUE COPY OF THE COVERING LETTER FORWARDED BY THE AROC TO THE PETITIONER DATED 07.05.2024

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Exhibit P26 A TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO SG KAVITKAR, ASSISTANT DIRECTOR ED

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Exhibit P27 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 07.06.2024 TO THE DEPUTY GOVERNOR, RESERVE BANK OF INDIA, HEADQUARTERS MUMBAI

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Exhibit P28A TRUE COPY OF THE POSTAL RECEIPT

G Vipinan v. Union of India

Case brief

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G Vipinan v. Union of India

Case brief

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