The court held that allegations involving international financial crimes must be investigated by the State Crime Branch as per the stipulated Police Headquarters Circular.

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

“I. To issue a writ in the nature of mandamus or any other appropriate order or direction, directing respondents 1 and 2 to handover the investigation in Crimes as seen in Exhibits P1-P12, to an officer under the supervision of the 3rd respondent, who is the ADGP Crimes, having proven credentials and an impeccable track record to conduct a fair, impartial and effective investigation into the above crime, without any further delay, in accordance with law, taking into consideration of the ground realities, within a time as this Hon’ble court deems fit in the facts and circumstances of this case.

II. Dispense with filing of the translation of documents in Malayalam produced in the above writ petition;

III. Pass such other writs, orders or directions as this Hon'ble Court may deem just, fit and necessary in the facts and circumstances of this case; ”

2. The petitioner is the Chief Consumer Officer of the Al Ahli Bank, Kuwait. He is the defacto complainant in 12 crimes registered in different Police Stations across Kerala. The petitioner alleges offence punishable under Section 420 of IPC against the persons arrayed as accused in the crimes. The list of crimes registered in different Police Stations are narrated below:-

3. The prosecution case is that the persons arrayed as accused, with the intent to cheat the petitioner Bank, dishonestly induced the Bank to grant loans. It is alleged that those persons obtained loans from various Banks pursuant to a conspiracy and transferred the amounts to their Bank Accounts in India, and thereafter, left Kuwait and obtained permanent employment in other countries. As per the prosecution case, the accused siphoned off crores of money from the Bank by way of cheating.

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

5. The petitioner seeks transfer of the investigation in the crimes to the Crime Branch. The Additional Director General of Police, law and order respondent No.2 submitted a report narrating the progress of the investigation. Respondent No.2 further submitted that the State Police intend to club the investigations in the various crimes.

6. The learned counsel for the petitioner submitted that the petitioner has no objection in clubbing the various crimes.

7. Relying on the Circular No.6/2025/PHQ, issued by the State Police Chief, the learned counsel for the petitioner submitted that the cases having international ramifications are to be transferred to the State Crime Branch.

8. The above referred Circular states that cases having international ramifications, requiring investigation in foreign countries, are to be entrusted for investigation with the State Crime Branch.

9. The report submitted by respondent No.2 shows that the accused in some of the crimes are presently residing in foreign countries. The prosecution allegations reveal that the crimes registered have international ramifications. Therefore, the Writ Petition is allowed as follows:-

(i) The investigation in the above referred 12 crimes is ordered to be entrusted to the State Crime Branch headed by respondent No.3.

(ii) Respondent No.3 shall entrust the investigation in the matter to a Police Officer in the rank of Superintendent of Police.

Sd/-

K.BABU JUDGE

VPK

APPENDIX OF WP(CRL.) NO. 79 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO.