K. D Anto vs State Of Kerala
2025 Latest Caselaw 314 Ker

Kerala High Court

K. D Anto vs State Of Kerala on 3 June, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(CRL.) NO. 344 OF 2025               1



                                                      2025:KER:39184

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

      TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947

                           WP(CRL.) NO. 344 OF 2025

PETITIONER/S:

               K. D ANTO
               AGED 54 YEARS
               S/O DEVASSY KUTTIKATTU MAPARANAN HOUSE, CHERUVALLOOR
               PO, KULAYIDOM, CHALAKKUDY, THRISSUR DISTRICT, PIN -
               680308


               BY ADVS.
               SHRI.SANTHOSH PETER (MAMALAYIL)
               SRI.P.N.ANOOP
               SRI.M.S.SANDEEP SUDHAKARAN
               SHRI.NADEEM NAZAR




RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY HOME DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
               695001

      2        STATE POLICE CHIEF
               POLICE HEADQUARTERS, VAZHUTHAKKAD,
               THIRUVANANTHAPURAM, PIN - 695010

      3        3. ADDITIONAL DIRECTOR GENERAL OF POLICE CRIME
               BRANCH( FINANCIAL CRIMES)
               STATE CRIME BRANCH, POLICE HEAD QUARTERS,
 WP(CRL.) NO. 344 OF 2025                 2



                                                            2025:KER:39184

               VAZHUTHAKKAD, THIRUVANANTHAPURAM., PIN - 695010

      4        THE SUPERINTEND OF POLICE
               OFFICE OF THE SUPERINTEND OF POLICE (RURAL),
               THRISSUR, PIN - 680003

      5        THE STATION HOUSE OFFICER, KORATTY POLICE STATION
               KORATTY, THRISSUR DISTRICT, PIN - 680308

      6        THE MANAGER ICICI BANK
               KORATTY BRANCH, THRISSUR, PIN - 680308


               BY ADVS.
               SHRI.LAL K.JOSEPH
               SRI.P.MURALEEDHARAN (THURAVOOR)
               SMT.T.A.LUXY
               SHRI.SURESH SUKUMAR
               SRI.ANZIL SALIM
               SHRI.SANJAY SELLEN



OTHER PRESENT:

               SMT.SEETHA S-SR.PP, SRI.LAL K.JOSEPH-R6


       THIS      WRIT      PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 03.06.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(CRL.) NO. 344 OF 2025               3



                                                          2025:KER:39184



                       P.V.KUNHIKRISHNAN, J
                     --------------------------------------
                      W.P. (Crl.) No. 344 of 2025
                     --------------------------------------
                  Dated this the 3rd day of June, 2025



                                JUDGMENT

The above writ petition is filed with following prayers :

i. "Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to conduct a proper investigation with respect to Exhibit P4 & P7 complaints by forming a team headed by superior officer with credibility with in time frame.

ii. Pass any other appropriate writ, order or direction which this Hon'ble Court deems fit and proper in the interest of justice.

iii. Petitioners also pray that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language." [sic]

2. According to the petitioner, he is a victim of an

online fraud. The petitioner submitted complaint to the police

authorities and no action is taken. Hence, this writ petition is

filed.

2025:KER:39184

3. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

4. Admittedly, the petitioner submitted Ext.P7

before the 4th respondent. If that is the case, without

expressing anything on merit, there can be a direction to the

4th respondent to look into Ext.P7 and take appropriate steps

in accordance with law and communicate the decision taken in

it, to the petitioner within a time frame.

Therefore, this writ petition is disposed of with the

following directions :

1) The 4th respondent is directed to consider Ext.P7

and take appropriate steps in accordance with law

and inform the decision taken in Ext.P7 to the

petitioner as expeditiously as possible, at any

rate, within three months from the date of receipt

of a certified copy of this judgment.

2) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition

2025:KER:39184

before the 4th respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

2025:KER:39184

APPENDIX OF WP(CRL.) 344/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ACCOUNT STATEMENT IN CURRENT ACCOUNT NO.743305000053 OF ICICI BANK KORATTY BRANCH FROM 01.02.2025 TO 11.02.2025 Exhibit P2 TRUE COPY OF THE INTIMATION RECEIVED BY THE 6TH RESPONDENT REGARDING FINANCIAL FRAUD DATED 17.02.2025 Exhibit P3 TRUE COPY OF THE INTIMATION RECEIVED BY THE 6TH RESPONDENT REGARDING THE FINANCIAL FRAUD THROUGH THE PETITIONER'S ACCOUNT DATED 17.02.20 Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT, SHO, KORATTY POLICE STATION Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 20.02.2025 Exhibit P6 TRUE COPY OF THE NOTICE UNDER SECTION 35(3) OF THE BHARATHIYA NAGARIKA SURAKSHA SAMHITHA (BNSS) 2023 FROM CEN POLICE STATION, BANGLORE CITY, KARNATAKA DATED 01.03.2025 Exhibit P7 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 06.3.2025 Exhibit P8 THE ACKNOWLEDGEMENT CARD DATED 10.03.2025 SHOWING THE ACCEPTANCE OF COMPLAINT BY THE 4TH RESPONDENT Exhibit P9 TRUE COPY OF THE STATEMENT OF ACCOUNTS OF CURRENT ACCOUNT NO.743305000053 OF ICICI BANK KORATTY BRANCH FROM 01.01.2024 TO 31.01.2025