IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 6004 of 2011(A) ------------------------------------ PETITIONER(S): ---------------------- VINOD. M., S/O.VASUDEVAN, 'SUDARSANAM', NEAR OUTPOST BUS STOP, KANJANY ROAD, AYYANTHOLE, TRICHUR DISTRICT-680 003. BY ADV. SRI.JOSHI N.THOMAS RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKADU, THIRUVANANTHAPURAM-695 014. 3. SUB INSPECTOR OF POLICE, WEST POLICE STATION, AYYANTHOLE, THRISSUR-680 003. 4. DEPUTY DIRECTOR OF ENFORCEMENT, ENFORCEMENT DIRECTORATE (FEMA), GOVERNMENT OF INDIA, BANERJI ROAD, COCHIN-682 018. 5. SAJEEV. M.P., MANAGING DIRECTOR, FOREIGN EXCHANGE TRADING DUBAI, NOW RESIDING AT MUNDACKAL HOUSE, PONNOOKKARA, TRICHUR, PIN-680 003. R1 TO R3 BY GOVT. PLEADER MR.V. MANU. R4 BY ADV. SHRI.GEORGE ZACHARIA, CGC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6004 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CHEQUE NO.016755 DATED 24/05/2010 DRAWN ON HDFC BANK TRICHUR. EXT.P2: COPY OF THE CHEQUE NO.016770 DATED 10/09/2010 DRAWN ON THE HDFC BANK TRICHUR. EXT.P3: COPY OF THE MEMORANDUM DATED 15/09/2010 DRAWN HDFC BANK TRICHUR. EXT.P4: COPY OF THE MEMORANDUM DATED 15/09/2010 ISSUED BY THE HDFC BANK TRICHUR. EXT.P5: COPY OF THE PETITION DATED 09/12/2010 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT. EXT.P6: COPY OF THE PETITION DATED 09/12/2010 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P7: COPY OF THE CMP.9637/2010 DATED 14/12/2009 FILED BEFORE THE JFCM COURT, TRICHUR. EXT.P8: COPY OF THE PETITION DATED 03/01/2011 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE STATEMENT DATED 01/03/2011. //TRUE COPY// P.S. TO JUDGE rs THOMAS P.JOSEPH, J. ==================================== W.P(C) No.6004 of 2011 ==================================== Dated this the 14th day of June, 2011 J U D G M E N T Petitioner is said to be a victim of internet money chain scam (allegedly) indulged by the 5th respondent. Petitioner, learning that similar other persons are also cheated filed a complaint before learned Chief Judicial Magistrate, Thrissur on 14.12.2010. Grievance of petitioner is that though the 5th respondent has violated provisions of the Foreign Exchange Management Act and Prevention of Money Laundering Act no action has been taken by the 4th respondent. Learned counsel submitted that pursuant to the complaint petitioner had preferred to the 4th respondent, he was summoned by that Officer and his statement (Ext.R4[a]) was recorded. Petitioner claimed that he has information regarding the (alleged) activities of the 5th respondent in violation of the above said laws. Learned counsel invited my attention to paragraph 4 of the counter affidavit of the 4th respondent. According to learned counsel, the 4th respondent has expressed his willingness to conduct further enquiry in the matter. It is therefore prayed that 4th respondent may be W.P(C) No.6004 of 2011 -: 2 :- directed to conduct further enquiry in the matter. 2. Learned counsel for 4th respondent submitted that the statement in paragraph 4 of the counter affidavit is not the expression of willingness to conduct enquiry as learned counsel would interpret. It is pointed out that to conduct an enquiry as prayed for, sufficient materials are required which petitioner has not supplied. Hence willingness expressed in paragraph 4 of the counter affidavit of 4th respondent need be understood as willingness to conduct further enquiry on getting further material from petitioner or elsewhere. Learned counsel for petitioner submitted that based on the complaint filed by the petitioner to the Thrissur West Police a case was registered on 20.10.2010. The Circle Inspector investigated the case, the 5th respondent was arrested on 20.11.2010 and final report was filed in the court of learned Chief Judicial Magistrate, Thrissur on 28.11.2010. It is submitted that it is after the submission of final report that Exts.P5 and P6, complaints are preferred by the petitioner before the Thrissur West Police Station and Director General of Police. 3. It is seen that pursuant to Ext.P8, complaint the 4th respondent has initiated some action at least by recording W.P(C) No.6004 of 2011 -: 3 :- statement of petitioner (Ext.R4[a]). The 4th respondent has to look into the matter whether as alleged by the petitioner, 5th respondent has violated provisions of Foreign Exchange Management Act and Prevention of Money Laundering Act. Petitioner shall supply all materials available with him to the 4th respondent. The 4th respondent has to collect materials from all sources as far as possible and if necessary by referring to the final report submitted by the police also and conduct the enquiry. I need not say what all materials the 4th respondent has to collect. I need only mention that the 4th respondent shall conduct enquiry in the matter collecting materials from whatever sources it is available. Petitioner shall also co-operate with the 4th respondent in that regard. Writ Petition is closed with the above observations and directions. THOMAS P. JOSEPH, JUDGE. vsv