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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Rekhamol K.C. W/o Suresh K.G. – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
1. The above writ petition (Crl) is filed with following prayers :
“I. Issue a Writ of Mandamus by directing the Respondents 1-6 and 12th Respondent to forthwith comply with Section 29 and 30 of the Banning of Unregulated Deposit Schemes Act of 2019 (BUDS Act), whereby handing over the investigation to the 13th Respondent.
II. Issue a Writ of Mandamus by directing the Respondents 1-6 to accept all and any complaints/representations made against Respondents 7-11 and upon those complaints/representations containing allegations of financial transactions to forthwith transmit them to 12th Respondent.
III. Issue a Writ of Mandamus by directing the 13th Respondent to submit the investigation details including the proceedings of investigation before this Honorable Court on every fortnight so as to enable this Honorable Court to monitor the said investigation.
IV. Issue a Writ of Mandamus by directing the Respondents 1 and 2 to ensure that officers under them strictly comply with the section 29 of the Banning of Unregulated Deposit Schemes Act of 2019 (BUDS Act).
V. Issue such other Writ, direction or order as this Honorable Court may deem fit in the facts and circumstances of the cas
The competent authority must determine if statutory conditions for referral to the CBI under the BUDS Act are satisfied before proceeding with the investigation.
The court mandated timely action on representations under the BUDS Act, emphasizing the importance of administrative efficiency.
Judicial interference in police investigations should be minimal, allowing the CBI to conduct investigations without imposed modalities unless there is clear failure in the investigation process.
Section 35A of the Banking Regulation Act does not empower banks to request the transfer of investigations to the CBI, as this would violate the provisions of the DSPE Act.
The court found a procedural violation in not issuing statutory notices for asset attachment but allowed re-evaluation of the case, emphasizing the principles of natural justice while establishing th....
The Reserve Bank of India's guidelines do not confer jurisdiction upon the CBI to investigate bank fraud without prior state consent as mandated by the Delhi Special Police Establishment Act.
Point of law : Every prosecution which results in the discharge or acquittal of the accused must be reviewed by a lawyer on the panel and, on the basis of the opinion given, responsibility should be ....
The main legal point established in the judgment is the maintainability of the petition under Section 482 of Cr.P.C. and the court's jurisdiction to issue specific directions to the Competent Authori....
The court emphasized the importance of thorough examination of allegations before transferring an investigation to CBI and highlighted the petitioner's failure to register an FIR or seek remedy under....
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