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Linda Mathew vs Union Of India
2026 Latest Caselaw 275 Ker

Citation : 2026 Latest Caselaw 275 Ker
Judgement Date : 13 January, 2026

[Cites 1, Cited by 0]

Kerala High Court

Linda Mathew vs Union Of India on 13 January, 2026

Author: K. Babu
Bench: K. Babu
                                                   2026:KER:2072
W.P.(Crl)No.1643 of 2025       1




          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

               THE HONOURABLE MR.JUSTICE K. BABU

  TUESDAY, THE 13TH DAY OF JANUARY 2026 / 23RD POUSHA,

                              1947

                    WP(CRL.) NO. 1643 OF 2025

PETITIONER:

            LINDA MATHEW,
            AGED 38 YEARS,
            W/O MATHEW MAMMOOTTIL JOHNS, CHITTOOPARAMBIL
            HOUSE, VII/476-A, WEST ANGADI, KORATTY P.O.,
            THRISSUR, PIN - 680308


            BY ADVS.
            SRI.SANIL JOSE
            SRI.P.G.SUDHEESH
            SRI.BONNY BENNY
            SRI.K.P.ANTONY BINU
            SHRI.AMALJITH


RESPONDENTS:

     1      UNION OF INDIA,
            MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL
            SECRETARIAT, NEW DELHI REPRESENTED BY THE HOME
            SECRETARY., PIN - 110001

     2      BUREAU OF IMMIGRATION,
            GOVERNMENT OF INDIA, COCHIN INTERNATIONAL
            AIRPORT, NEDUMBASSERY REPRESENTED BY THE
            ASSISTANT DIRECTOR, PIN - 683585

     3      ENFORCEMENT DIRECTORATE
            KOCHI ZONAL OFFICE, MULLASSERY CANAL ROAD
            (WEST), ERNAKULAM ,REPRESENTED BY DEPUTY
                                                           2026:KER:2072
W.P.(Crl)No.1643 of 2025         2


            DIRECTOR, PIN - 682011

     4      DEPUTY DIRECTOR
            ENFORCEMENT DIRECTORATE, GATE NO.3, C BLOCK,
            PRAVARTAN BHAVAN, APJ ABDUL KALAM ROAD, NEW
            DELHI -, PIN - 110011


            BY ADV
            SMT.O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
            INDIA
            SRI.JAISHANKAR V. NAIR, SC FOR ED


         THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION     ON   13.01.2026,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                                    2026:KER:2072
W.P.(Crl)No.1643 of 2025                3



                               K.BABU, J.
                 -------------------------------------------
                    W.P.(Crl) No.1643 of 2025
              ---------------------------------------------
           Dated this the 13th day of January, 2026
                                JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the

Constitution of India are as follows:-

"(i) issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to conduct personal hearing on Exts.P10 and P13 representations preferred by the petitioner and to conduct the hearing at their Ernakulam Office, to secure ends of justice;

(ii) issue such other writ, order or direction as this Honourable Court deems fit and proper in the circumstances of the case; and

(iii) dispense with the production of English translation of documents in vernacular language which are produced as documents in the above Writ Petition."

2. The petitioner and her family are residing in Dubai for

employment purposes. A PMLA proceeding bearing file

No.ECIR/54/DLZO-II/2021 has been registered against the sister

and brother-in-law of the petitioner. Respondent No. 4 issued

summons to the petitioner requiring her appearance before the

competent authority. Subsequently, Respondent No. 4 issued a

Look Out Circular (LOC) against the petitioner. Thereafter, the

petitioner appeared before Respondent No. 4 on 09.11.2022.

Subsequently, the petitioner submitted Exts.P10 and P13

representations before respondent Nos. 3 and 4 seeking recall of 2026:KER:2072

the LOC. The grievance of the petitioner is that respondent Nos. 3

and 4 have not finally disposed of Exts.P10 and P13

representations.

3. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for respondent Nos. 3 and 4.

4. The learned Standing Counsel for respondent Nos. 3

and 4 submitted that Exts. P10 and P13 could be disposed of only

after the production of the required documents by the petitioner.

The learned Standing Counsel further submitted that the

petitioner has not produced the required documents. The learned

Standing Counsel submitted that respondent Nos. 3 and 4 have no

objection to the petitioner leaving India for business purposes

subject to the condition that she shall appear before the

competent authority as and when required.

5. The learned counsel for the petitioner submitted that

the petitioner will produce the documents required by the

competent authority as early as possible.

6. Therefore, the Writ Petition is disposed of directing

respondent Nos. 3 and 4 to dispose of Exts.P10 and P13 within

four months from the date of production of a certified copy of this

judgment. It is made clear that the petitioner can travel abroad.

7. The operation of Look Out Circular (LOC) issued 2026:KER:2072

against the petitioner shall be kept in abeyance subject to the

condition that the petitioner shall appear before the competent

authority as and when required.

Sd/-

K.BABU JUDGE VPK 2026:KER:2072

APPENDIX OF WP(CRL.) NO. 1643 OF 2025

PETITIONER EXHIBITS

Exhibit -P1 TRUE PHOTOCOPY OF THE PASSPORT OF THE PETITIONER DATED 24/8/2015 BEARING NO.N2181085

Exhibit -P2 TRUE PHOTOCOPY OF THE SUMMONS DATED 7/11/2022 ISSUED BY THE 4TH RESPONDENT

Exhibit -P3 TRUE PHOTOCOPY OF THE MEDICAL REPORT DATED 26/7/2022 ISSUED BY MEDCARE HOSPITAL AND MEDICAL CENTER, DUBAI

Exhibit -P4 TRUE PHOTOCOPY OF THE MEDICAL REPORT DATED 13/8/2022 ISSUED BY HEALTHHUB, AL NAHDA, DUBAI

Exhibit -P5 TRUE PHOTOCOPY OF THE MEDICAL REPORT DATED 18/8/2022 ISSUED BY ZULEKHA HOSPITAL, DUBAI

Exhibit -P6 TRUE PHOTOCOPY OF THE JUDGMENT DATED 27/2/2023 IN WP(CRL).NO.81/2023 OF THIS HON'BLE COURT

Exhibit -P7 TRUE PHOTOCOPY OF THE ORDER DATED 5/6/2023 IN I.A.NO.1/2023 IN WP(CRL).NO.81/2023 OF THIS HON'BLE COURT

Exhibit -P8 TRUE PHOTOCOPY OF THE MEDICAL REPORT DATED 19/6/2023 ISSUED BY THE ZULEKHA HOSPITAL, DUBAI

Exhibit -P9 TRUE PHOTOCOPY OF THE EMAIL DATED 8/7/2023 SENT BY THE PETITIONER TO THE INVESTIGATING OFFICER MR. RATISH MISHRA

Exhibit -P10 TRUE PHOTOCOPY OF THE REQUEST LETTER DATED 14/7/2023 PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT 2026:KER:2072

Exhibit -P11 TRUE PHOTOCOPY OF THE ORDER DATED 16/8/2023 IN W.P.(CRL).NO.761/2023 OF THIS HON'BLE COURT

Exhibit -P12 . TRUE PHOTOCOPY OF THE JUDGMENT DATED 4/6/2025 IN W.P. (CRL).NO.761/2023 OF THIS HON'BLE COURT

Exhibit -P13 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 20/8/2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD AND 4TH RESPONDENTS

Exhibit -P14 TRUE PHOTOCOPY OF THE DISCHARGE SUMMARY DATED 22/7/2025 ISSUED BY CARITAS HOSPITAL, KOTTAYAM

Exhibit -P15 TRUE PHOTOCOPY OF THE DISCHARGE SUMMARY DATED 8/10/2025 ISSUED BY LISIE HOSPITAL, ERNAKULAM 2026:KER:2072 W.P.(Crl)No.1643 of 2025 8

 
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