Kerala High Court
Smitha V J vs State Of Kerala on 16 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.) No.167 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947
WP(CRL.) NO. 167 OF 2025
CRIME NO.1325/2023 OF Fort Police Station, Thiruvananthapuram
PETITIONER(S)DEFACTO COMPLAINANT:
SMITHA V J
AGED 42 YEARS, W/O MAHESH, PANIPPURA HOUSE, NEAR V V
CLINIC, MAVUVILA, THOONGAMPARA, MARANALLOOR VILLAGE,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN - 695507
BY ADVS.
SRI.S.VIDYASAGAR
SHRI.SAURAV B.
SMT.SAFNA P.S.
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031
2 DIRECTOR GENERAL OF POLICE (DGP)
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695010
3 THE COMMISSIONER OF POLICE
OFFICE OF THE COMMISSIONER OF POLICE, POLICE GROUND, CV
RAMAN PILLAI RD, PANAVILA, THYCAUD,THIRUVANANTHAPURAM
DISTRICT, PIN - 695014
4 THE STATION HOUSE OFFICER
FORT POLICE STATION, ATTAKULANGARA, VIZHINJAM RD, NEAR
VANITHA JAIL, MANACAUD, THIRUVANANTHAPURAM DISTRICT,
W.P.(Crl.) No.167 of 2025
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PIN - 695023
BY ADVS.
P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P.
SHRI.SAJJU.S., SENIOR P.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.) No.167 of 2025
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P.V.KUNHIKRISHNAN, J
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W.P.(Crl.) No.167 of 2025
------------------------------------------
Dated this the 16th day of June, 2025
JUDGMENT
The above Writ Petition(Crl.) is filed seeking the following
reliefs:
"I. Direct the respondents No 2 and 3 to depute another
officer of the police department other than the 4th
respondent to conduct fair and speedy investigation in
Crime No.1325/2023 of Fort Police Station,
Thiruvananthapuram and submit final report to the
jurisdiction court at the earliest within a specific time frame
as fixed by this Hon'ble Court.
II. Direct the 4th respondent from interfering with the
business of the petitioner being conducted in the name and
style 'Dorval Ventures Private Ltd' and restrain from causing
any personal harassment to the petitioner under the
pretext of carrying out further investigation.
III. Dispense with the translation of documents produced in
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the Vernacular language
IV. Grant such other reliefs as this Hon'ble Court may deem
fit and proper in the circumstances of the case." [SIC]
2. The petitioner is one of the Managing Director of a
licensed educational consultancy namely "Dorval Ventures
Private Ltd" which deals with recruitment of students to study
abroad. While that is so, one Mr. Mohammed Rahmatullah has
cheated the petitioner saying that he will arrange employment
to the candidates sponsored by the petitioner. Believing the
words of Mr Mohammed Rahmatullah, about Rs.44,75,000/- was
collected from 34 candidates and transferred the whole amount
to the account of the accused. But, the accused cheated the
petitioner. Hence, Crime No.1325/2023 was registered. The
grievance of the petitioner is that the investigation is not going
properly. Hence, this Writ Petition is filed.
3. Heard the learned counsel appearing for the petitioner
and the learned Public Prosecutor.
4. The main prayer in this Writ Petition is to change the
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Investigating Agency. The Public Prosecutor submitted that the
investigation is now conducted by the 4 th respondent. Public
Prosecutor submitted that if this Court pass any order to entrust
the investigation to any other Superior Officer, the Superior
Officer will do the needful, in accordance with law.
5. Considering the facts and circumstances of the case
and also considering the fact that there are so many victims and
the amount involved is also huge, there can be a direction to the
3rd respondent to depute a senior officer above the rank of the
4th respondent to investigate the matter.
Therefore, this Writ Petition(Crl.) is disposed of with the
following directions:
1. The 3rd respondent is directed to entrust the
investigation in Crime No.1325/2023 of Fort Police
Station, Thiruvananthapuram to a senior officer
above the rank of the 4th respondent, as
expeditiously as possible, at any rate, within a
period of two weeks from the date of receipt of a
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certified copy of this judgment.
2. The new Investigating Officer will proceed with
the investigation and try to conclude the
investigation, as expeditiously as possible.
Sd/-
P.V.KUNHIKRISHNAN,
nvj JUDGE
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APPENDIX OF WP(CRL.) 167/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ACCOUNT STATEMENT OF UNION BANK OF
INDIA FROM 01.11.2021 TO 31.12.2021 OF DORVAL
VENTURES PRIVATE LTD
EXHIBIT P2 TRUE COPY OF THE ACCOUNT STATEMENT OF ICICI BANK
FROM 01.01.2022 TO 30.06.2022 OF DORVAL VENTURES
PRIVATE LTD
EXHIBIT P3 TRUE COPY OF THE FIR DATED 27.09.2023 IN CRIME
NO.1325/2023 OF FORT POLICE STATION,
THIRUVANANTHAPURAM DISTRICT
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 03.04.2024 IN CRL MC
NO.731/2024 OF THE ADDITIONAL SESSIONS COURT,
THIRUVANANTHAPURAM
EXHIBIT P5 TRUE COPY OF CRL.M.APPL NO.2/2024 DATED 25.04.2024
IN BAIL APPLICATION NO.3208/2024
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 05.12.2024 IN BAIL
APPL. NO.3208/2024 OF THIS HON'BLE COURT
EXHIBIT P7 TRUE COPY OF THE ORDER IN CRL.M.APPL.NO.5/2024
DATED 07.01.2025 IN BAIL APPL.NO. 3208 OF 2024
EXHIBIT P8 TRUE COPY OF THE DOCUMENT RETRIEVED FROM THE
WEBSITE OF THE COMPANY OF THE ACCUSED ALONG WITH
ADDRESS AND MOBILE NUMBER
EXHIBIT P9 TRUE COPY OF THE LICENSE ISSUED BY THE
THIRUVANATHAPURAM MUNICIPAL CORPORATION TO THE
PETITIONER IN THE NAME OF DORVAL VENTURES PVT LTD
EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 24.02.2025 FILED
BY THE PETITIONER BEFORE THE DEPUTY COMMISSIONER OF
POLICE, THIRUVANANTHAPURAM
EXHIBIT P11 TRUE COPY OF THE RECEIPT DATED 27.02.2025 ISSUED BY
THE DEPUTY COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM
EXHIBIT P12 TRUE COPY OF THE LETTER ISSUED BY THE POLICE
INSPECTOR TO THE PETITIONER
//TRUE COPY//
PA TO JUDGE
