Kerala High Court
United Bank Limited vs Union Of India on 13 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.1033 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 13TH DAY OF OCTOBER 2025 / 21ST ASWINA, 1947
WP(CRL.) NO. 1033 OF 2025
PETITIONER(S):
UNITED BANK LIMITED
FIRST FLOOR, SH. JASSIM BIN JABOR ALI THANI
BUILDING, CORNICHE ROAD, P.O. BOX, 242, DOHA QATAR,
REPRESENTED BY THEIR POWER OF ATTORNEY JOLLY
MALAYIL, AGED 61 YEARS, S/O LATE JOSEPH ABRAHAM,
NANDANAM, 2ND FLOOR, THOUDAYIL ROAD, PANAMPILLY
NAGAR, COCHIN, PIN - 682036
BY ADV. SRI.K.R.SUNIL
RESPONDENT(S):
1 UNION OF INDIA
REPRESENTED BY THE MINISTRY OF EXTERNAL AFFAIRS,
SO(DB), 74TH SOUTH BLOCK, NEW DELHI, PIN - 110001
2 UNION OF INDIA
REPRESENTED BY ITS SECRETARY THE MINISTRY OF
FINANCE, NEW DELHI, PIN - 110001
3 ATTACHE, EMBASSY OF INDIA
VILLA NO.86&90, STREET NO. 941, AL EITHRA STREET,
ZONE63, ONAIZA, P.O. BOX 2788, DOHA, QATAR
4 STATE POLICE CHIEF
POLICE HEAD QUARTERS, TRIVANDRUM, PIN - 695010
5 THE DIRECTOR OF ENFORCEMENT
OFFICE OF THE DIRECTORATE OF ENFORCEMENT, 1ST & 2ND
FLOOR, MTNL BUILDING, JAWAHARLAL NEHRU MARG, NEW
DELHI, PIN - 110002
W.P.(Crl.).No.1033 of 2025
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6 AISSISTANT DIRECTOR OF ENFORCEMENT
DIRECTORATE OF ENFORCEMENT, SUB ZONAL OFFICE,
KENDRIYA BHAVAN, M.S BABURAJ ROAD, KALLAI,
KOZHIKODE DISTRICT, PIN - 673003
7 THE DEPUTY DIRECTOR OF ENFORCEMENT
DIRECTORATE OF ENFORCEMENT SUB ZONAL OFFICE,
KENDRIYA BHAVAN, M.S BABURAJ ROAD, KALLAI,
KOZHIKODE, PIN - 673003
8 THE DEPUTY SUPERINTENDENT OF POLICE
CRIME BRANCH, ECONOMIC OFFENCES WING, KANNUR,
KANNUR DISTRICT, PIN - 670001
9 THE STATION HOUSE OFFICER
KULAVALLUR POLICE STATION, KANNUR DISTRICT,
PIN - 670693
0 ADDL.R10.THE MINISTRY OF HOME AFFAIRS
REPRESENTED BY SECRETARY, NEW DELHI - 110 001
SUOMOTU (IMPLEADED VIDE ORDER DATED 25/08/2025 IN
WP (CRL) 1033/25)
BY ADVS.
SHRI.P.R.AJITH KUMAR, CGC
PUBLIC PROSECUTOR
DIRECTOR GENERAL OF PROSECUTION
P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P.
SHRI.SAJJU.S., SENIOR G.P.
SRI JAISHANKAR V NAIR, SC, ED
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 13.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.).No.1033 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) No.1033 of 2025
-------------------------------
Dated this the 13th day of October, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the
following reliefs:
"1. To issue a Writ of Mandamus, Orders or
Directions directing the Embassy of India, Doha, Qatar (3rd
Respondent) to facilitate the petitioner bank to provide an
online statement through video conference to the
Respondents 6 to 8 in the presence of Officials of the 3 rd
Respondent.
2. To issue a Writ of Mandamus, Orders or
Directions directing the Respondent 6 to 8 to record the
statement provided by the Officials of the petitioner bank
given through online video conference under the provision
of Section 180 of BNSS.
3. Such other orders deem fit on facts and in the
interest of justice. ." [SIC]
2. The main prayer in this Writ Petition is to issue
a direction to the Embassy of India, Doha, Qatar to facilitate
the petitioner bank to provide an online statement through
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video conference to respondents 6 to 8 in the presence of the
officials of the 3rd respondent. The second prayer is to issue a
direction to respondents 6 to 8 to record a statement provided
by the officials of the petitioner bank given through online
video conference under the provisions of Section 180 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
3. Heard the learned counsel appearing for the
petitioner, the learned Public Prosecutor, the learned Central
Government Counsel (CGC) and the learned Standing Counsel
appearing for the Enforcement Directorate.
4. Petitioner is the United Bank Limited
functioning at Qatar. Ext.P2 complaint was filed before the
Judicial First Class Magistrate Court, Thalassery through a
power of attorney alleging serious financial scam. Ext.P3
affidavit was sworn by the authorised officer of the bank. On
12.01.2023, Ext.P4 FIR was registered by the 9 th respondent
against the accused as Crime No.25/2023. On 11.04.2023,
Ext.P5 FIR was registered as Crime No.976/2023 by the Crime
Branch Department against the accused. On 21.01.2025,
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Ext.P6 order was passed by the Deputy Director of
Enforcement. The petitioner bank is functioning at Qatar. A
statement of the the power attorney holder is already
recorded. The Investigating Officer wants to record the
statement of the officials of the bank. The petitioner
submitted that the officials are ready to give the statement
through online. In such circumstances, this Court directed the
Public Prosecutor, CGC and the Standing Counsel appearing for
the Enforcement Directorate to get instructions.
5. The Public Prosecutor submitted that the
Investigating Officer is ready to record the statement through
online. The CGC takes me through Sub Clause 4.6 of Clause C
of the notification issued by the Ministry of Home Affairs,
Government Of India as per Section 105 of the Criminal
Procedure Code, in which it is stated that the request for
recording of statement through audio-visual means is to be
routed through Ministry of Home Affairs.
6. There is no dispute to the fact that the
petitioner is the aggrieved party in this case. There is no
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dispute to the fact that a crime is registered by the police
authorities. There is no dispute to the fact that a statement of
the power of attorney holder of the petitioner bank is already
recorded. In such circumstances, to complete the
investigation, the statement of the officials of the bank is also
to be recorded.
7. Considering the facts and circumstances of the
case, I think there can be a direction to the 3 rd respondent to
make necessary arrangements to see that respondents 5 to 8
are recorded their statements in accordance with the law.
Necessary arrangements shall be made by the 3 rd respondent.
If there is any expense for facilitating the online recording of
statement, the petitioner should bear the same. The
petitioner can produce a certified copy of the judgment before
respondents 5 to 8 so that a date for recording the statement
can be fixed in consultation with the 3rd respondent.
Therefore, this Writ Petition (Crl.) is disposed of in the
following manner:
The 3rd respondent will make necessary
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arrangements to record the statement of the officials
of the petitioner bank by respondents 5 to 8 based on
a request from respondents 5 to 8. The date can be
fixed based on the request from respondents 5 to 8.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
Judgment reserved NA
Date of Judgment 13.10.2025
Judgment dictated 13.10.2025
Draft Judgment placed 13.10.2025
Final Judgment uploaded 14.10.2025
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APPENDIX OF WP(CRL.) 1033/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE POWER OF ATTORNEY
EXECUTED BY THE UNITED BANK LTD, DOHA,
QATAR IN FAVOR OF JOLLY MALAYIL
EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT FILED
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT THALASSERY
EXHIBIT P3 THE TRUE COPY OF THE AFFIDAVIT SWORN BY
MRS. SADAF NAZ, MANAGER-SAM &
COLLECTIONS, SAM &COLLECTIONS DEPARTMENT,
UNITED BANK LTD, DOHA, QATAR
EXHIBIT P4 THE TRUE COPY OF THE FIR DATED 12/01/2023
IN CRIME NUMBER 25/2023 REGISTERED BY THE
9TH RESPONDENT AGAINST THE ACCUSED ISMAIL
CHAKKARATH
EXHIBIT P5 THE TRUE COPY OF THE FIR IN CRIME NO:
976/2023 REGISTERED BY THE CRIME BRANCH
DEPARTMENT KANNUR
EXHIBIT P6 THE TRUE COPY OF THE ECIR NO
KZSZO/02/2023 A PROVISIONAL ATTACHMENT
ORDER WAS PASSED BY THE DEPUTY DIRECTOR
OF ENFORCEMENT ON 21/01/2025
