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2025 Supreme(Online)(Ker) 17749

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
K. D ANTO – Appellant
Versus
STATE OF KERALA – Respondent
WP(Crl.) 344/2025



Advocates:
For the Appellants/Petitioners: SHRI.SANTHOSH PETER (MAMALAYIL), SRI.P.N.ANOOP, SRI.M.S.SANDEEP SUDHAKARAN, SHRI.NADEEM NAZAR
For the Respondents: SHRI.LAL K.JOSEPH, SRI.P.MURALEEDHARAN (THURAVOOR), SMT.T.A.LUXY, SHRI.SURESH SUKUMAR, SRI.ANZIL SALIM, SHRI.SANJAY SELLEN

The court upheld the petitioner's right to a timely investigation into complaints of online fraud.

Headnote:This writ petition is filed under the WP(CRL.) NO. 344 OF 2025, seeking mandamus for investigation into complaints by the police. The petitioner alleges inaction on complaints regarding online fraud (Paragraph 2). The court directs the 4th respondent to review these complaints and respond expediently (Paragraphs 4). The final ruling mandates the recognition of the complaint with a three-month timeline for actions (Paragraph 5).

JUDGMENT

The above writ petition is filed with following prayers : i. “Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to conduct a proper investigation with respect to Exhibit P4 & P7 complaints by forming a team headed by superior officer with credibility with in time frame.

ii. Pass any other appropriate writ, order or direction which this Hon’ble Court deems fit and proper in the interest of justice.

iii. Petitioners also pray that this Hon’ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.” [sic]

2. According to the petitioner, he is a victim of an online fraud. The petitioner submitted complaint to the police authorities and no action is taken. Hence, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Admittedly, the petitioner submitted Ext.P7 before the 4th respondent. If that is the case, without expressing anything on merit, there can be a direction to the 4th respondent to look into Ext.P7 and take appropriate steps in accordance with law and communicate the decision taken in it, to the petitioner within a time frame.

Therefore, this writ petition is disposed of with the following directions :

1) The 4th respondent is directed to consider Ext.P7 and take appropriate steps in accordance with law and inform the decision taken in Ext.P7 to the petitioner as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment.

2) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 4th respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS APPENDIX OF WP(CRL.) 344/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ACCOUNT STATEMENT IN CURRENT ACCOUNT NO.743305000053 OF ICICI BANK KORATTY BRANCH FROM 01.02.2025 TO

11.02.2025 Exhibit P2 TRUE COPY OF THE INTIMATION RECEIVED BY THE 6TH RESPONDENT REGARDING FINANCIAL FRAUD DATED 17.02.2025 Exhibit P3 TRUE COPY OF THE INTIMATION RECEIVED BY THE 6TH RESPONDENT REGARDING THE FINANCIAL FRAUD THROUGH THE PETITIONER’S ACCOUNT DATED 17.02.20 Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT, SHO, KORATTY POLICE STATION Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 20.02.2025 Exhibit P6 TRUE COPY OF THE NOTICE UNDER SECTION

35(3) OF THE BHARATHIYA NAGARIKA SURAKSHA SAMHITHA (BNSS) 2023 FROM CEN POLICE STATION, BANGLORE CITY, KARNATAKA DATED

01.03.2025 Exhibit P7 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED

06.3.2025 Exhibit P8 THE ACKNOWLEDGEMENT CARD DATED 10.03.2025 SHOWING THE ACCEPTANCE OF COMPLAINT BY THE

4TH RESPONDENT Exhibit P9 TRUE COPY OF THE STATEMENT OF ACCOUNTS OF CURRENT ACCOUNT NO.743305000053 OF ICICI BANK KORATTY BRANCH FROM 01.01.2024 TO

31.01.2025

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