Kerala High Court

Nijil.P vs The Director General Of Police (Law & ... on 3 June, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                                 2025:KER:39039
WP(CRL.) NO.1154 OF 2024 & connected cases

                                    1


            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. 1154 OF 2024

PETITIONER:

            BIBIN.P.J
            AGED 32 YEARS
            S/O JOY JOSEPH, PAKIDATHITTAYIL HOUSE, THANATHU
            LANE, VYTTILA.P.O., PONNURUNNI, ERNAKULAM., PIN -
            682019


            BY ADVS.
            SHRI.A.V.JOJO
            SRI.A.X.VARGHESE


RESPONDENTS:

     1      THE DIRECTOR GENERAL OF POLICE (LAW & ORDER)
            STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
            THIRUVANANTHAPURAM., PIN - 695010

     2      THE DISTRICT POLICE CH IEF
            OFFICE OF THE COMMISSIONER OF POLICE, ERNAKULAM.,
            PIN - 682011

     3      THE DEPUTY SUPERINTENDENT OF POLICE
            OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
            ERNAKULAM., PIN - 682011

     4      THE SUB INSPECTOR OF POLICE
            PALARIVATTOM POLICE STATION, PALARIVATTOM
            JUNCTION, ERNAKULAM., PIN - 682025

     5      RATHISH.P.R.
            PROPRIETOR, STELLA NOVA, 2ND FLOOR, NAMSKAR
                                                 2025:KER:39039
WP(CRL.) NO.1154 OF 2024 & connected cases

                                    2


            BUILDING, S .N.JUNCTION, PALARIVATTOM RESIDING AT
            PAKKOTTIL HOUSE, VENKURINJI.P.O., MANIPUZHA,
            ERUMELI, KOTTAYAM., PIN - 686510

     6      SRUTHI THILAK
            W/O RATHISH.P.R., OFFICE ADMINISTRATOR STELLA
            NOVA , 2ND FLOOR, NAMSKAR BUILDING, S.N.JUNCTION,
            PALARIVATTOM, RESIDING AT PAKKOTTIL HOUSE,
            VENKURINJI.P.O., MANIPUZHA, ERUMELI, KOTTAYAM.,
            PIN - 686510

     7      ANJANA
            OFFICE-IN-CHARGE, STELLA NOVA , 2ND FLOOR,
            NAMSKAR BUILDING, S .N.JUNCTION, PALARIVATTOM.,
            PIN - 682025



            SMT.SEETHA S-SR.PP,

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 03.06.2025, ALONG WITH WP(Crl.).1155/2024,
1157/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                  2025:KER:39039
WP(CRL.) NO.1154 OF 2024 & connected cases

                                    3



            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. 1155 OF 2024

PETITIONER:

            GNANAPRASAD.K.S.
            AGED 41 YEARS
            S/O K.SUKUMARAN, KAMMATTIKKATT HOUSE, JTS ROAD,
            LOKAMALLESWARAM, KODUNGALLUR.P.O., THRISSUR.,
            PIN - 680664


            BY ADVS.
            SHRI.A.V.JOJO
            SRI.A.X.VARGHESE



RESPONDENTS:

     1      THE DIRECTOR GENERAL OF POLICE (LAW & ORDER)
            STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
            THIRUVANANTHAPURAM., PIN - 695010

     2      THE DISTRICT POLICE CHIEF
            OFFICE OF THE COMMISSIONER OF POLICE, ERNAKULAM.,
            PIN - 682011

     3      THE DEPUTY SUPERINTENDENT OF POLICE
            OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
            ERNAKULAM. ERNAKULAM., PIN - 682011

     4      THE SUB INSPECTOR OF POLICE
            PALARIVATTOM POLICE STATION, PALARIVATTOM
            JUNCTION, ERNAKULAM., PIN - 682025
                                                 2025:KER:39039
WP(CRL.) NO.1154 OF 2024 & connected cases

                                    4


     5      RATHISH.P.R
            PROPRIETOR, STELLA NOVA, 2ND FLOOR, NAMSKAR
            BUILDING, S .N.JUNCTION, PALARIVATTOM RESIDING AT
            PAKKOTTIL HOUSE, VENKURINJI.P.O., MANIPUZHA,
            ERUMELI, KOTTAYAM., PIN - 686510

     6      SRUTHI THILAK
            W/O RATHISH.P.R., OFFICE ADMINISTRATOR STELLA
            NOVA , 2ND FLOOR, NAMSKAR BUILDING, S.N.JUNCTION,
            PALARIVATTOM, RESIDING AT PAKKOTTIL HOUSE,
            VENKURINJI.P.O., MANIPUZHA, ERUMELI, KOTTAYAM.,
            PIN - 686510

     7      ANJANA
            OFFICE-IN-CHARGE, STELLA NOVA , 2ND FLOOR,
            NAMSKAR BUILDING, S .N.JUNCTION, PALARIVATTOM.,
            PIN - 682025


            BY ADV
            SRI.HRIHWIK.C.S, SR PUBLIC PROSECUTOR

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 03.06.2025, ALONG WITH WP(Crl.).1154/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                  2025:KER:39039
WP(CRL.) NO.1154 OF 2024 & connected cases

                                    5



            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. 1157 OF 2024

PETITIONER:

            NIJIL.P.
            AGED 31 YEARS
            S/O NARAYANAN , JOONA NIVAS, CHALODE, KEEZHALLUR,
            EDAYANNUR.P.O., KANNUR, PIN - 670595


            BY ADVS.
            SHRI.A.V.JOJO
            SRI.A.X.VARGHESE


RESPONDENTS:

     1      THE DIRECTOR GENERAL OF POLICE (LAW & ORDER)
            STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
            THIRUVANANTHAPURAM., PIN - 695010

     2      THE DISTRICT POLICE CHIEF
            OFFICE OF THE COMMISSIONER OF POLICE, ERNAKULAM,,
            PIN - 682011

     3      THE DEPUTY SUPERINTENDENT OF POLICE
            OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
            ERNAKULAM. ERNAKULAM., PIN - 682011

     4      THE SUB INSPECTOR OF POLICE
            PALARIVATTOM POLICE STATION, PALARIVATTOM
            JUNCTION, ERNAKULAM., PIN - 682025

     5      RATHISH.P.R
            PROPRIETOR, STELLA NOVA, 2ND FLOOR, NAMSKAR
                                                 2025:KER:39039
WP(CRL.) NO.1154 OF 2024 & connected cases

                                    6


            BUILDING, S .N.JUNCTION, PALARIVATTOM RESIDING AT
            PAKKOTTIL HOUSE, VENKURINJI.P.O., MANIPUZHA,
            ERUMELI, KOTTAYAM,, PIN - 686510

     6      SRUTHI THILAK
            W/O RATHISH.P.R., OFFICE ADMINISTRATOR STELLA
            NOVA , 2ND FLOOR, NAMSKAR BUILDING, S.N.JUNCTION,
            PALARIVATTOM, RESIDING AT PAKKOTTIL HOUSE,
            VENKURINJI.P.O., MANIPUZHA, ERUMELI, KOTTAYAM.,
            PIN - 686510

     7      ANJANA
            OFFICE-IN-CHARGE, STELLA NOVA , 2ND FLOOR,
            NAMSKAR BUILDING, S .N.JUNCTION, PALARIVATTOM.,
            PIN - 682025

            BY ADV
            SRI.HRIHWIK.C.S, SR PUBLIC PROSECUTOR

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 03.06.2025, ALONG WITH WP(Crl.).1154/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                          2025:KER:39039
WP(CRL.) NO.1154 OF 2024 & connected cases

                                    7


                    P.V.KUNHIKRISHNAN, J
                    --------------------------------
                   W.P (Crl) Nos.1154, 1155
                          & 1157 of 2025
                     -------------------------------
              Dated this the 03rd day of June, 2025

                              JUDGMENT

These three Writ Petitions are connected and therefore, I am

disposing of these three Writ Petitions by a common judgment.

The prayers in these Writ Petitions are almost the same, and the

prayers are extracted hereunder:

" i) Issue a Writ of Mandamus or other appropriate writ, order or direction, directing the 1st respondent to entrust the investigation in Exhibit.P6 F.I.R to the 3 rd respondent with perpetual monitoring of the 2 nd respondent.

ii) Award the cost of the petitioner."

[SIC]

" i) Issue a Writ of Mandamus or other appropriate writ, order or direction, directing the 1st respondent to entrust the investigation in Exhibit.P6 F.I.R to the 3 rd respondent with perpetual monitoring of the 2 nd respondent.

ii) Award the cost of the petitioner."

[SIC] 2025:KER:39039 WP(CRL.) NO.1154 OF 2024 & connected cases

ii) Award the cost of the petitioner."

[SIC]

2. Petitioners are victims of a visa scam. The petitioners

are aggrieved by the investigation in Crime Nos.1008/2024,

1009/2024 and 1010/2024 of Palarivattom Police Station. The

contention of the petitioners is that, the 5th respondent in these

cases is abroad, and no steps have been taken by the

Investigating Officer to arrest the 5th respondent and complete the

investigation. The Public Prosecutor submitted that the Look Out

Circular (LOC) has already been issued and the Investigating

Officer is doing the needful to complete the investigation.

3. Admittedly, the investigations in these cases are

conducted by the Station House Officer, Palarivattom. The

petitioners are the victims of the above crimes. Considering the

facts and circumstances of the case, and also considering the fact

that the accused is in a foreign country, I think a senior Police

Officer should investigate the matter. Therefore, there can be a 2025:KER:39039 WP(CRL.) NO.1154 OF 2024 & connected cases

direction to the District Police Chief/2 nd respondent to appoint a

Senior Police Officer above the Rank of Circle Inspector to

investigate the matter.

Therefore, these Writ Petitions (Crl) are disposed of with the

following directions:

1. The 2nd respondent in these cases will pass necessary

orders, transferring the investigation in Crime

Nos.1008/2024, 1009/2024 and 1010/2024 of

Palarivattom Police Station to Senior Officer above the

rank of Circle Inspector of Police, within two weeks from

the date of receipt of a certified copy of this judgment.

2. The new Investigating Officer will do the needful to

complete the investigation and present a report before

the Jurisdictional Court.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SSG 2025:KER:39039 WP(CRL.) NO.1154 OF 2024 & connected cases

APPENDIX OF WP(CRL.) 1155/2024

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE AGREEMENT DATED 8/7/2023 EXECUTED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE BANK ACCOUNT STATEMENT OF THE PETITIONER AND SCREEN SHOT OF THE REMITTANCE .

Exhibit P3 THE TRUE COPY OF THE COMPLAINT DATED 10/6/2024 GIVEN TO THE HON'BLE CHIEF MINISTER BY THE PETITIONER AND HIS WIFE. Exhibit P4 THE TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 7/9/2024 .

Exhibit P5 THE TRUE COPY OF THE C.M.P.5946 /2024 FILED BY THE PETITIONER BEFORE THE JFMC- 9, ERNAKULAM DATED 13/9/2024. Exhibit P6 THE TRUE COPY OF THE F.I.R. 1008/2024 DATED 9/10/2024 OF PALARIVATTOM POLICE STATION.

2025:KER:39039 WP(CRL.) NO.1154 OF 2024 & connected cases

APPENDIX OF WP(CRL.) 1157/2024

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE AGREEMENT DATED 21/6/2023 EXECUTED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT . Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE BANK ACCOUNT STATEMENT OF THE PETITIONER.

Exhibit P3 THE TRUE COPY OF THE COMPLAINT DATED 12/6/2024 GIVEN TO THE HON'BLE CHIEF MINISTER BY THE PETITIONER AND HIS WIFE .

Exhibit P4 THE TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 24/8/2024.

Exhibit P5 THE TRUE COPY OF THE C.M.P.6210 /2024 FILED BY THE PETITIONER BEFORE THE JFMC- 9, ERNAKULAM DATED 26/9/2024 . Exhibit P6 THE TRUE COPY OF THE F.I.R. 1010/2024 DATED 9/10/2024 OF PALARIVATTOM POLICE STATION.

2025:KER:39039 WP(CRL.) NO.1154 OF 2024 & connected cases

APPENDIX OF WP(CRL.) 1154/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 8/7/2023 EXECUTED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE JOINT BANK ACCOUNT STATEMENT OF THE PETITIONER AND HIS WIFE FROM 5/7/2023 TO 31/8/2023.

Exhibit P3 THE TRUE COPY OF THE COMPLAINT DATED 14/6/2024 GIVEN TO THE HON'BLE CHIEF MINISTER BY THE PETITIONER AND HIS WIFE .

Exhibit P4 THE TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER AND HIS WIFE TO THE 2ND RESPONDENT DATED 7/9/2024 .

Exhibit P5 THE TRUE COPY OF THE C.M.P.5947/2024 FILED BY THE PETITIONER BEFORE THE JFMC- 9, ERNAKULAM DATED 13/9/2024 . Exhibit P6 THE TRUE COPY OF THE F.I.R. 1009/2024 DATED 9/10/2024 OF PALARIVATTOM POLICE STATION.