Naseeb vs State Of Kerala
2025 Latest Caselaw 445 Ker

Kerala High Court

Naseeb vs State Of Kerala on 1 July, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                             2025:KER:47654

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
                  WP(CRL.) NO. 353 OF 2025
 CRIME NO.493/2024 OF Kannur Town Police Station, Kannur

PETITIONER/1ST ACCUSED:

          JASEELA T.V.
          AGED 32 YEARS
          W/O NOUSHAD, THAZHEVEETIL HOUSE PANNIYOTT,
          EACHUR P.O, MUNDERI KANNUR, PIN - 670591


          BY ADVS.
          SRI.C.Y.VINOD KUMAR
          SHRI.K.A.JALEEL
          SRI.P.MOHAMMED ANZARI


RESPONDENTS/STATE, INVESTIGATING OFFICER, DEFACTO
COMPLAINANT & COMPETENT AUTHORITY:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          HOME DEPARTMENT, SECRETARIAT,
          TRIVANDRUM, PIN - 695001

    2     STATION HOUSE OFFICER
          KANNUR TOWN POLICE STATION, THAVAKKARA,
          KANNUR, PIN - 670002

    3     ASHRAF A.
          S/O ABDUL KHADER, RAYAN VILLA,
          THOTTATHIL GARDENS, PANGALUKKADU,
          KADAKKAL P.O., KOLLAM, PIN - 691536
 W.P.(Crl.) No.353 of 2025 &
Crl.M.C. No.3988 of 2025

                               ..2..



     4      COMPETENT AUTHORITY & ADDITIONAL CHIEF SECRETARY
            TO GOVERNMENT, HOME (SC) DEPARTMENT,
            GOVERNMENT OF KERALA, SECRETARIAT,
            TRIVANDRUM, PIN - 695001


            BY ADVS.
            SRI.P.T.ABHILASH
            SRI.P.V.MIDHUN



OTHER PRESENT:

            SR PP SRI HRITHWIK C S, SR PP SMT SEETHA S


         THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 01.07.2025, ALONG WITH Crl.MC.3988/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl.) No.353 of 2025 &
Crl.M.C. No.3988 of 2025

                                ..3..




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
                      CRL.MC NO. 3988 OF 2025
      CRIME NO.493/2024 OF Kannur Town Police Station,

PETITIONERS/ACCUSED 2 TO 4:

     1      NASEEB, AGED 31 YEARS
            S/O ABDUL RAZAK, AL-NOOR, VANIYAMCHAL,
            EACHUR, KANNUR, PIN - 670591

     2      THAZHEVEETTIL JAMSHEER
            AGED 30 YEARS
            S/O KAREEM, THAZHEVEETTIL HOUSE, VATTAPOYIL,
            EACHUR, KANNUR, PIN - 670591

     3      A.K. NAJMAL
            AGED 36 YEARS
            S/O ABDU RAHIMAN, MELEPUDUKKUDI HOUSE,
            KURUVATTOOR, KAKKODI, KOZHIKODE, PIN - 673611

            BY ADVS.
            SRI.C.Y.VINOD KUMAR
            SHRI.K.A.JALEEL
            SRI.P.MOHAMMED ANZARI


RESPONDENTS/STATE, INVESTIGATION OFFICER & DEFACTO
COMPLAINANT:

     1      STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

     2      STATION HOUSE OFFICER
            KANNUR TOWN POLICE STATION, THAVAKKARA,
            KANNUR, PIN - 670002
 W.P.(Crl.) No.353 of 2025 &
Crl.M.C. No.3988 of 2025

                                      ..4..



     3          ASHRAF A.
                S/O ABDUL KHADER, RAYAN VILLA,
                THOTTATHIL GARDENS, PANGALUKKADU,
                KADAKKAL P.O., KOLLAM, PIN - 691536


                BY ADV SRI.P.T.ABHILASH
                BY SMT.S.SEETHA, SR.PP


         THIS     CRIMINAL    MISC.      CASE    HAVING    COME   UP   FOR
ADMISSION        ON   01.07.2025,     ALONG     WITH   WP(Crl.).353/2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 W.P.(Crl.) No.353 of 2025 &
Crl.M.C. No.3988 of 2025

                                    ..5..



                  P.V.KUNHIKRISHNAN, J
            -------------------------------------
                 W.P.(Crl.) No.353 of 2025
                              and
                  Crl.M.C. No.3988 of 2025
             --------------------------------------
            Dated this the 01st day of July, 2025

                              JUDGMENT

These cases are filed challenging the First

Information Report in Crime No.493 of 2024 of Kannur

Town Police Station. The above case is registered alleging

the offence punishable under Section 420 of the Indian

Penal Code. Subsequently, provisions of the Banning of

Unregulated Deposit Schemes Act, 2019 (the BUDS Act)

are added. The grievance of the petitioners is that

procedure prescribed is not followed after adding the

provisions of the BUDS Act. Admittedly, the case is now

in the investigation stage.

2. Heard the learned counsel for the

petitioners and the learned Public Prosecutor. W.P.(Crl.) No.353 of 2025 &

..6..

3. After hearing both sides, I am of the

considered opinion that this Court need not interfere with

the investigation at this stage. The investigating authority

can investigate the matter and submit final report in

accordance with law. After filing the final report, if the

petitioners have got any grievance about the same, the

petitioners can challenge the same separately. All the

contentions raised by the petitioners in these cases are

left open and the petitioners are free to challenge the

same once the final report is filed.

Therefore, the above cases are disposed of

granting liberty to the petitioners to approach this Court if

they are aggrieved by the final report, if any filed. The

petitioners are also at liberty to challenge the notices

issued by the competent authority under the BUDS Act in

accordance with law, if they are so advised.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ds 01.07.2025 W.P.(Crl.) No.353 of 2025 &

..7..

PETITIONER ANNEXURES

Annexure A1 COPY OF THE PRIVATE COMPLAINT, CRL M.P NO.3521 OF 2024 DATED 06.05.2024 FILED BY THE 3RD RESPONDENT BEFORE THE FILES OF JUDICIAL FIRST-CLASS MAGISTRATE-I, KANNUR Annexure A2 COPY OF THE FIR IN CRIME NO.493 OF 2024 OF KANNUR TOWN POLICE STATION DATED 07/05/24 Annexure A3 COPY OF THE REPORT DATED 12.11.2024 INCORPORATING BUDS ACT SUBMITTED BY THE POLICE BEFORE THE HON'BLE JFCM COURT-I, KANNUR Annexure A4 COPY OF THE UDAYAM REGISTRATION CERTIFICATE DATED 25/4/23 ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, GOVT. OF INDIA W.P.(Crl.) No.353 of 2025 &

..8..

APPENDIX OF WP(CRL.) 353/2025

PETITIONER EXHIBITS

Exhibit P1 CERTIFIED COPY OF THE PRIVATE COMPLAINT, CRL M.P NO.3521 OF 2024 DATED 06.05.2024 FILED BEFORE HON'BLE JFCM COURT-I, KANNUR Exhibit P2 CERTIFIED COPY OF THE FIR IN CRIME NO.493 OF 2024 OF KANNUR TOWN POLICE STATION Exhibit P3 CERTIFIED COPY OF THE ADDITIONAL REPORT DATED NIL SUBMITTED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE UDAYAM REGISTRATION CERTIFICATE DATED 25.04.2023 ISSUED BY MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES. GOVERNMENT OF INDIA Exhibit P5 TRUE COPY OF THE NOTICE DATED 24.01.2025 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT Exhibit P6 COPY OF THE LICENSE DATED 17/12/22 ISSUED BY THE KANNUR CORPORATION TO CAPSGAIN RESPONDENT EXHIBITS

Exhibit R3(a) True copy of the advertising created and posted by the petitioner for the promotion of Zara Fx Exhibit R3(b) True copy of the receipt of the Rupees Fifty Thousand Only was deposited by me to the account of the petitioner Exhibit R3(c) True copy of the report dated nil submitted by the investigating officer before the learned Additional District Court, Thalassery