Kerala High Court
Shoniya Jaimon vs The State Of Kerala on 3 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP (Crl.) No.980 of 2024
2025:KER:39276
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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. 980 OF 2024
PETITIONER(S):
1 SHONIYA JAIMON
AGED 42 YEARS, W/O.JAIMON JOSEPH, AMMU'S NEST,
MANDAPATHIL H, PALLIKUNNU P O, KANNUR -,
PIN - 670004
2 JISNA VARGHESE
AGED 30 YEARS, W/O JINU K J, KALATHIL HOUSE,
PUNCHAKKAD, PAYYANUR (P O), KANNUR -,
PIN - 670307
3 JINI JOSEPH
AGED 43 YEARS, W/O. RIJO VARGHESE, PETTAYIL
(H), POTHUKUNDU , NEW NADUVIL (PO), NADUVIL,
THALIPARAMBA, KANNUR -, PIN - 670582
4 CHINJU V M,
AGED 31 YEARS, D/O. AKHIL BABU, VARADIYIL
HOUSE, MULLANKOLLY, PULPALLY, WAYANAD -,
PIN - 673579
5 NILE UDAYAN
AGED 47 YEARS, W/O UDAYAN,3F BLOCK 1,
DEVADATHAM APARTMENT, CHETTUPUZHA P. O.,
THRISSUR - 680012
6 AKHILA JOY
AGED 27 YEARS, W/O XAVIER GEORGE, ALAPPATT
PALATHINGAL HOUSE P.O.VELUTHUR, MANAKODI,
THRISSUR -, PIN - 680012
7 TOM JOY
AGED 33 YEARS, S/O V P JOY ,VETTIKUZHA HOUSE,
NADUKANI P.O., KOTHAMANGALAM, ERNAKULAM -,
PIN - 686691
8 RESMY R
AGED 32 YEARS, D/O. P K GOPI,PEEDIKAYILAAYATHU,
WP (Crl.) No.980 of 2024
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KAPPIL MEKKU, KRISHNAPURAM P O , ALAPPUZHA -,
PIN - 690533
9 LITTY THOMAS
AGED 26 YEARS, W/O. ASHIL ANTONY,
THEKKEPURAYIDAM HOUSE, ATTACHAKKAL P.O, KONNI,
PATHANAMTHITTA. -, PIN - 689692
0 SUBI MATHEW
AGED 46 YEARS, W/O.THOMAS ABRAHAM, VELLAVOOR
HOUSE MYLAPRA PO, PATHANAMTHITTA -,
PIN - 689671
11 SHAIJU THANKAPPAN,
AGED 38 YEARS, EARATHADAT HOUSE, KARIMANNOOR
P.O.,KARIMANNOOR, THODUPUZHA, SIDUKKI -,
PIN - 685581
BY ADV SRI.S.VAIDYANATHAN
RESPONDENT(S):
1 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, TRIVANDRUM -, PIN - 695001
2 THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS,THIRUVANANTHAPURAM -,
PIN - 695001
3 ADDITIONAL DIRECTOR GENERAL OF POLICE,
STATE CRIME BRANCH, THIRUVANANTHAPURAM -,
PIN - 695001
BY ADVS.
P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P.
SHRI.SAJJU.S., SENIOR G.P.
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.980 of 2024
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P.V.KUNHIKRISHNAN, J.
-------------------------------------------
WP(Crl.) No.980 of 2024
--------------------------------------------
Dated this the 03rd day of June, 2025
JUDGMENT
The above Writ Petition(Crl.) is filed with the
following prayers:
"(i) issue a writ of mandamus or other writ or
direction directing the 2nd Respondent to transfer
the investigation in Exhibit P2 to Exhibit P2(f) F.I.R.s
to the Crime Branch/CBCID;
(ii) Dispense with the filing of the translation of
vernacular documents produced along with the
above Writ Petition:
(iii) issue such other writ, order or direction as it
deems fit and necessary in the interest of justice.
(SIC)"
2. The petitioners are the victims in a visa
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scam. The petitioners 1 to 10 and the son of the 11 th
petitioner were assured job in U.K. by the accused
persons and obtained huge amount from them. The
job is not provided and consequently the petitioners
were cheated. It is also alleged that forgery also
committed by the accused. Ext.P2 to P2(f) are the
FIR's registered at the different police stations. The
prayer in this writ petition is to transfer all these
cases to the Crime Branch.
3. Heard the learned counsel appearing for
the petitioners and the learned Senior Public
Prosecutor.
4. The counsel for the petitioners reiterated
the contentions raised by the petitioner in this writ
petition. The Public Prosecutor takes me through the
statement filed by the Assistant Inspector General of
Police on behalf of the 2nd respondent. The relevant
portion of the statement is extracted hereunder:
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"4. It is humbly submitted that, on examination
of the reports received from the District Police
Chiefs concerned, it is found that the lost
amount in each of these cases do not come
within the ambit of amount fixed for
transferring the investigation of the cases to
Crime Branch as mandated in PHQ Circular
No.32/2020/PHQ. Also, the District Police
Chief's concerned have not send any proposal
to PHQ for transferring the investigation of
these cases to State Crime Branch."
5. The Public Prosecutor also submitted that,
if this Court is transferring a case to the Crime
Branch, first of all this Court has to conclude that the
present investigation is not in the proper manner.
The counsel for the petitioner takes me through the
reply affidavit filed by the petitioners in which a
calculation table is produced. According to the
petitioners it is a fit case which will cover the Circular
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No.06/2025 dated 21.02.2025 and therefore, this is a
case to be transferred to the Crime Branch.
6. After hearing both sides, I am of the
considered opinion that the petitioners can approach
the 2nd respondent with appropriate application to
transfer the case to the Crime Branch narrating the
details including the calculation mentioned in the
reply affidavit. If such a representation if filed, there
can be a direction to the 2nd respondent to consider
the same and inform the decision taken in it to the
petitioners within a time frame.
Therefore, this Writ Petition(Crl.) is disposed of
with the following directions:
1. The petitioners are free to submit a
representation before the 2nd
respondent narrating the grievance
raised in this Writ Petition, within two
weeks from the date of receipt of a
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copy of this judgment.
2. If such a representation is received,
the 2nd respondent will consider the
same and take appropriate steps, in
accordance with law and inform the
decision taken in it to the petitioner,
within a period of one month from
the date of receipt of the
representation.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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APPENDIX OF WP(CRL.) 980/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ONE SUCH REFUSAL
LETTER ISSUED TO THE 10TH
PETITIONER BY THE ENTRY CLEARANCE
OFFICER, UKVI, SHEFFIELD, UK DATED
29/09/2023
EXHIBIT P2 TRUE COPY OF THE F.I.R. NO.553 OF
2024 OF PALARIVATTOM POLICE
STATION, ERNAKULAM DISTRICT DATED
02-05-2024
EXHIBIT P2(A) TRUE COPY OF THE F.I.R. NO. 552 OF
2024 OF PALARIVATTOM POLICE
STATION, ERNAKULAM DATED 02-05-2024
EXHIBIT P2(B) TRUE COPY OF THE F.I.R. NO. 226 OF
2024 OF PULPALLI POLICE STATION,
WYNAD DISTRICT DATED 14-03-2024
EXHIBIT P2(C) TRUE COPY OF THE F.I.R. NO. 554 OF
2024 OF PALARIVATTOM POLICE
STATION, ERNAKULAM DATED 02-05-2024
EXHIBIT P2(D) TRUE COPY OF THE F.I.R. NO.518 OF
2024 OF PALARIVATTOM POLICE
STATION, ERNAKULAM DISTRICT DATED
02-05-2024
EXHIBIT P2(E) TRUE COPY OF THE F.I.R. NO. 117 OF
2024 OF PATHANAMTHITTA POLICE
STATION, PATHANAMTHITTA DISTRICT
DATED 25-01-2024
EXHIBIT P2(F) TRUE COPY OF THE F.I.R. NO. 359 OF
2024 OF ERNAKULAM TOWN SOUTH POLICE
STATION, ERNAKULAM DATED 02-03-2024
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY
THE POLICE TO THE COMPLAINT
SUBMITTED BY 5TH PETITIONER
EXHIBIT P3(A) TRUE COPY OF THE RECEIPT ISSUED BY
THE POLICE TO THE COMPLAINT
SUBMITTED BY 11TH PETITIONER
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EXHIBIT P4 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 1ST PETITIONER TO
THE 2ND RESPONDENT DATED 11-07-2024
EXHIBIT P4 (A) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND PETITIONER TO
THE 2ND RESPONDENT DATED 11-07-2024
EXHIBIT P4 (B) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 3RD PETITIONER TO
THE 2ND RESPONDENT DATED 11-07-2024
EXHIBIT P4(C) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 4TH PETITIONER TO
THE 2ND RESPONDENT DATED 08-07-2024
EXHIBIT P4(D) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 5TH PETITIONER TO
THE 2ND RESPONDENT DATED 12-07-2024
EXHIBIT P4(E) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 6TH PETITIONER TO
THE 2ND RESPONDENT DATED 09-07-2024
EXHIBIT P4(F) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 7TH PETITIONER TO
THE 2ND RESPONDENT DATED 14-07-2024
EXHIBIT P4(G) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 8TH PETITIONER TO
THE 2ND RESPONDENT DATED 12-07-2024
EXHIBIT P4(H) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 9TH PETITIONER TO
THE 2ND RESPONDENT DATED 09-07-2024
EXHIBIT P4(I) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 10TH PETITIONER TO
THE 2ND RESPONDENT DATED 15-07-2024
EXHIBIT P4(J) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 11TH PETITIONER TO
THE 2ND RESPONDENT DATED 11-07-2024
//TRUE COPY//
PA TO JUDGE
