IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 21439 of 2011(D) -------------------------- PETITIONER(S): --------------- 1. P.B.RADHAKRISHNAN, AGED 46 YEARS, S/O.BALAKRISHNAN, "SIVANJALI", THIRUVANCHOOR P.O., KOTTAYAM DISTRICT, PIN-686037. 2. LEKHA RADHAKRISHNAN, W/O.P.B.RADHAKRISHNAN, AGED 36 YEARS, "SIVANJALI", THIRUVANCHOOR P.O., KOTTAYAM DISTRICT, PIN-686037. 3. THANKAMMA, D/O.NARAYANAN, AGED 43 YEARS, W/O.RANGANATHAN, PANAMPARAMBIL HOUSE, PINDIPUZHA, KATTACHIRA, KOTTAYAM DISTRICT, PIN-686572. 4. N.T.RAJAGOPALAN, S/O.THANKAPPAN ACHARY, AGED 61 YEARS, THEKKINU VADAKKETHIL HOUSE, PEROOR P.O., KOTTAYAM DISTRICT, PIN-686637. 5. SIVARAMAKRISHNAN NAIR, S/O.VELAYUDHAN NAIR, AGED 56 YEARS, VAIKOTHU HOUSE, PERINGOTTUKARA P.O., THRISSUR DISTRICT, PIN-680565. 6. SHIJO SEBASTIAN, S/O.MATHEW SEBASTIAN, AGED 36 YEARS, ARIMATTATHIL HOUSE, NARAYANANI P.O., THACHAPPUZHA, KOTTAYAM DISTRICT, PIN-686506. 7. MANOJ JAYASENAN, S/O.G.JAYASENAN, AGED 41 YEARS, T.O.9/2060, ASHA BHAVAN, PRATHIBA NAGAR, KARUMBUKONAM, EDAVACODE, SREEKARYAM, THIRUVANANTHAPURAM. 8. BENNY K.A., S/O.K.P.ALIAS, AGED 41 YEARS, KUZHIKKADAN HOUSE, EDATHALA P.O., ERNAKULAM DISTRICT, PIN-683561. 9. ELDHO J.K., S/O.K.V.JOHN, 41 YEARS, KANIADAN HOUSE, KOOVAPPADY P.O., AIMURY, ERNAKULAM DISTRICT, PIN-683544. 10. P.K.SURESH, S/O.KUTTALAM, AGED 41 YEARS, MANGLAVIL HOUSE, ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN-686631. 11. SANDEEP PILLAI, S/O.N.N.PILLAI, AGED 30 YEARS, ATHIRA PULIYANTHANAM, VAZHAPPALLY WEST, CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686103. 12. SANAL KUMAR G., S/O.GOPINATHAN NAIR, AGED 52 YEARS, GOKULAM, CHERUVARANAM, VARANAM P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688524. 13. PREETHA AJITH, W/O.V.R.AJITH, AGED 45 YEARS, SAJMA, S.A.ROAD, KADAVANTHRA, COCHIN-682020. 14. SURESH GEORGE, S/O.GEORGE, AGED 41 YEARS, MANIAMPRAYIL, VEERPADU P.O., ARALAM, KANNUR DISTRICT. 15. VENU K.P., NANDANAM, PUNNATHURA WEST, ETTUMANOOR, KOTTAYAM DISTRICT. 16. RATNAMMA M.T., SATHEESH BHAVAN, PUNNATHURA WEST, ETTUMANOOR, KOTTAYAM DISTRICT. 17. ROYMON VARGHESE, IRUMPANATHU MUKALEL, PARAMPUZHA P.O., THELLAKAM, KOTTAYAM DISTRICT. 18. SANTHOSH MATHEW, AGED 42 YEARS, S/O.MATHEW, NO.5, GIRINAGAR, OPP: G.C.D.A., KADAVANTHRA, ERNAKULAM DISTRICT. 19. RODIA JOSEPH, AGED 38 YEARS, S/O.JOSEPH, KANATTU HOUSE, THEVARA, ERNAKULAM DISTRICT. 20. MABLE JOSEPH, AGED 36 YEARS, S/O.JOSEPH, KANATTU HOUSE, THEVARA, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-1. 2. INSPECTOR OF POLICE, ERNAKULAM RANGE, ERNAKULAM-682031. 3. UNIPAY 2U MARKETING PVT. LTD. NO.5, VINAYAKAM, PET STREET, SAIDAPET, CHENNAI-600015, TAMIL NADU. 4. MUGU JAMES, FOUNDER/CHIEF EXECUTIVE OFFICER, UNIPAY 2U MARKETING PVT. LTD., G-3, GROUND FLOOR, PALACE HEIGHTS APARTMENTS NO.19 CHAKRAVARTHY LAYOUT, PALACE CROSS ROAD, VASANTHANAGAR, BANGALORE-560020. R1& R2 BY ADDL. ADVOCATE GENERAL SRI. K.A. JALEEL R1& R2 BY PUBLIC PROSECUTOR SRI. B. VINOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.21439/2011 -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF CERTIFICATE INCORPORATION OF THE COMPANY EXT.P2 : COPY OF THE BOOK-LET OF THE COMPANY. EXT.P3 : COPY OF TRADE CERTIFICATE CUM INVOICE ISSUED BY THE UNIPAY 2U MARKETING COMPANY. EXT.P4 : PHOTOCOPY OF THE PHOTOGRAPHS OF THE 4TH RESPONDENT. EXT.P5 : PHOTOCOPY OF THE VALUE ADDED TAX REGISTRATION CERTIFICATE ISSUED BY ASST. COMMISSIONER OF COMMERCIAL TAXES, LOCAL VAT OFFICE, BANGALORE DATED 13-11-2009. EXT.P6 : PHOTOCOPY OF THE DETAILED REPRESENTATION SUBMITTED BY THE INVESTORS BEFORE THE 2ND RESPONDENT DATED 01-06-2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- W.P (c) No.21439 OF 2011 ------------------------------------------------- DATED THIS THE 12th DAY OF AUGUST, 2011 JUDGMENT Heard Learned Counsel for the petitioners and the learned Additional Advocate General. 2. Petitioners are the investors in a multi level gold trading business named “VISAREV LLC LTD.”, “UNI PAY 2U Marketing Pvt. Ltd.”, “UNIPAY 2U International”, UNI GOLD 2U”, “UNI GATE WAY 2U Trading Pvt. Ltd.” etc. 3. Petitioners filed this writ petition for the following relief: “Issue a writ of mandamus or other appropriate writ, order or direction directing the 1st and 2nd respondents to conduct a proper investigation in the matter and take legal action against the Uni Group of Companies and its Founder/Chief Executive Officer Mr. Mugu James in order to realize the crores of rupees invested in the company.” 4. Learned Additional Advocate General submits that similar cases have been investigated by the State Crime Branch headed by Additional Director General of Police (Crimes). Let all the cases against respondents 3 and 4 be transferred to Crime Branch for investigation. W.P (C) No.21439/2011 -2- In view of the said submission, I direct investigation pending against respondents 3 and 4 be transferred to the Special Team for investigation constituted by the State. Writ petition is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge