The Court transferred the investigation of a large-scale financial fraud scheme involving multiple cases and complaints across Kerala from local police stations to the State Crime Branch to ensure a coordinated and effective inquiry.
Investigation transferred to State Crime Branch Department.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946 WP(CRL.) NO. 301 OF 2023
PETITIONERS:
1 WELFARE ASSOCIATION OF POOR & DECEIVED PEOPLE REGISTRATION NO. TVM/TC/14/2023 REPRESENTED BY GENERAL SECRETARY, ABDUL SAMAD, AGED 53 YEARS, S/O. MUHAMMED, BUILDING NO. NMC- 9/1211-1, NEDUMANGAD P.O., THIRUVANANHTAPURAM DISTRICT, PIN - 695541
2 SHIYAS T.A., AGED 45 YEARS, S/O. ABDUL RAHMAN, THENALIKKUZHY HOUSE, OKKAL, CHELAMATTOM VILLAGE, ERNAKULAM DISTRICT, PIN - 683550
BY ADVS. JOHN K.GEORGE M.B.SHYNI V.R.ANILKUMAR RAJESH KUMAR R. RAMEES P.K. ERFANA PARAMBADAN SARAFUDHEEN T.
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY SECRETARY, HOME AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001
2 CENTRAL BUREAU OF INVESTIGATION
CGO COMPLEX, NEAR JAWAHARLAL NEHRU STADIUM NEW DELHI, PIN - 110003
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3 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4 DIRECTOR GENERAL OF POLICE VAZHUTHACAUD POOJAPPURA ROAD, POOJAPURA, THIRUVANANTHAPURAM, KERALA, INDIA, PIN - 695012 5 SANJAY.M.KAUL,IAS THE COMPETENT AUTHORITY,BUDS ACT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 6 THE STATION HOUSE OFFICER PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683542 7 SALEEK.K.V AGED 42 YEARS, S/O. ABDUL LATHEEF, KAVUNGAL HOUSE, KARIPARAMBU, THIROORANGADI, MALAPPURAM DISTRICT, PIN - 676306 8 RIYAS BABU AGED 39 YEARS, S/O. AHAMADKUTTY, KUNNUMMEL HOUSE, MANAKKATTU PARAMBA, EDAVANNA, CHATHALLOOR P.O., PERAKAMANNA, MALAPPURAM DISTRICT, PIN - 676541 9 RISHAD OTHAYI S/O. AHMAD KUTTY, KUNNUMMEL HOUSE, MANAKKATTUPARAMBA, EDAVANNA, CHATHALLOOR P.O., PERAKAMANNA, MALAPPURAM DISTRICT, PIN - 676541 10 SHAMNAS.R.T AGED 30 YEARS, S/O. SALEEM R.T., PALAKKAL THAZHAM, UMMALATHOOR, MEDICAL COLLEGE P.O., PERUVAYAL, KOZHIKODE DISTRICT, PIN - 673008 BY ADVS. SRI.MANU S., DSG OF INDIA
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SRI.SREELAL N.WARRIAR
SRI. ASHI M.C., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
W.P.(Crl.) No.301 of 2023
Dated this the 17th day of July, 2024
JUDGMENT
Petitioners seek directions, inter alia, to hand over the investigation into the complaints filed by various persons relating to a fraud allegedly played by respondents 7 to 10 and others under the name 'Halalaya Aadu Kachavadom' to the Central Bureau of Investigation (for short 'CBI').
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persons in different districts in Kerala.
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details received from the various District Police Chiefs, it is informed that altogether 22 crimes have been registered against the accused relating to ‘Halalaya Aadu Kachavadom’ the list of which has been produced as Annexure R4(a). It is also stated that the investigation is going on in those cases and out of the 22 cases, Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act) have been incorporated in 14 cases while final reports have already been filed in four cases. It is also averred that all possible steps have been taken to arrest all the accused without delay. The counter affidavit also mentions that one of the arrested accused is bedridden due to a serious illness while another accused is absconding and a lookout notice against the first accused has already been published on 08.09.2023 as he is abroad, while section 41A Cr.P.C notice has been served on the second accused.
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investigation. The 115 complaints mentioned in the list produced as Ext.P5 shall also be included in the scope of the investigation. It is clarified that the four cases excluded are those in which the final reports have already been submitted and they shall not form the subject matter of investigation by the State Crime Branch.
The writ petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
vps
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APPENDIX
PETITIONER'S/S' EXHIBITS
| Exhibit P1 | TRUE COPY 09/12/2022 BEFORE THE |
OF FLED B SIXTH R |
THE Y THE ESPON |
COMPLAINT DATED SECOND PETITIONER DENT |
|---|---|---|---|---|
| Exhibit P2 | TRUE COPY PERUMBAVOOR |
OF TH POLICE |
E FIR STAT |
NO.1549/2022 OF ION |
| Exhibit P3 | A TRUE C 09/01/2023 PETITIONER |
OPY OF SUBM TO THE |
THE ITTED 5TH R |
COMPLAINT DATED BY THE 1ST ESPONDENT |
| Exhibit P4 | A TRUE C | OPY OF | THE | COMPLAINT DATED |
| 16/01/2023 PETITIONER |
SUBM TO THE |
ITTED 3RD R |
BY THE 1ST ESPONDENT |
|
| Exhibit P5 | A TRUE COP AND FIR'S R |
Y OF T EGISTER |
HE LI ED IN |
ST OF COMPLAINTS THE MATTER |
RESPONDENT'S/S' ANNEXURES Annexure R4 (a): A CHART SHOWING THE DETAILS OF CASES. Annexure R4 (b): PROCEEDINGS SC 3/11/2023 HOME, THIRUVANANTHAPURAM DATED 15.05.2023.
2 issues framed by the court
Should the investigation into the 'Halalaya Aadu Kachavadom' fraud be transferred from local police to the State Crime Branch?
Is a coordinated investigation necessary for the 115 complaints and multiple FIRs spread across districts?
2 provisions across 2 enactments
WELFARE ASSOCIATION OF POOR & DECEIVED PEOPLE
SHIYAS T.A.
UNION OF INDIA
CENTRAL BUREAU OF INVESTIGATION
STATE OF KERALA
DIRECTOR GENERAL OF POLICE
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
