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2025 Supreme(Online)(Ker) 46894
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
UNITED BANK LIMITED – Appellant
Versus
UNION OF INDIA – Respondent
WP(CRL.) NO. 1033 OF 2025
For the Respondents:No advocates identified.
The Court directed the Embassy of India to facilitate the recording of statements necessary for an ongoing investigation, affirming procedural compliance under relevant statutory provisions.
Headnote:This Writ Petition (Crl.) seeks directions for the Embassy of India, Doha, Qatar, to facilitate the petitioner bank in providing an online statement via video conference to relevant respondents, and to record this statement under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court acknowledges the existing investigations and the preliminary actions taken by the bank and the necessity to record the additional statements for the case’s resolution. Ultimately, the Court orders the Embassy to assist in arranging the recording of the statements, with expenses borne by the petitioner. Issues include whether the facilitation for online statements constitutes procedural compliance under relevant laws, and the court reasons the need for such arrangements to uphold the investigation’s integrity. Thus, the Court concludes that the Embassy will ensure that the statements are recorded with requests facilitated, without any barriers to access.
| Table of Content |
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| 1. the court examined the need for facilitating statements through video conferencing. (Para 3) |
| 2. the petitioner's readiness to cooperate enhances compliance in ongoing investigations. (Para 4 , 6) |
| 3. the investigation's integrity requires procedural compliance in recording statements. (Para 5) |
| 4. the court concluded that arrangements must be made for statement recording. (Para 7) |
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 3rd 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 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 9th 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, 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 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 3rd 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 3rd respon
