IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 17225 of 2011(C) -------------------------- PETITIONER(S): --------------- 1. SHAFEER K.H., S/O.HUSSAIN, AGED 27 YEARS, KIZHAKKOOT HOUSE, PALAPETTY, PONNANI, MALAPPURAM DISTRICT. 2. ABDUL JABBAR T.B., S/O.BEERU, AGED 32 YEARS, THEKKEPURATH HOUSE, PALAPETTY, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA SRI.P.A.RAJESH SRI.K.RAKESH RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM, PIN 695001. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM, PIN 676505. 3. THE CIRCLE INSPECTOR OF POLICE, PONNANI, MALAPPURAM DISTRICT, PIN 676577. BY ADDL.A.G. SRI.K.A.JALEEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX \ PIUS C.KURIAKOSE & P.BHAVADASAN, JJ. ------------------------ W.P.(C).No.17225 OF 2011 ------------------------ Dated this the 5th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition under Article 226 filed by two persons who claim to have been victims of the large scale cheating by a public limited company called " Bizarre" by introducing an investment scheme styled as a multi level marketing scheme. According to the petitioners, they are only two among nearly 2.5 Lakhs of people who have enrolled in the said scheme without knowing that the same is only a device of money chain cheating. Alleging that respondents 2-the Superintendent of Police and 3 -the Circle Inspector of Police are harassing them in connection with the investigation of the offences committed by the company "Bizarre" they pray for the following reliefs in this writ petition; i). issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents not to harass the petitioners in connection with the "Bizarre Money Chain Scam" for which crimes have been WPC.No.17225/2011 2 registered by the police; ii). Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents 1 and 2 to conduct a proper and meaningful investigation against the real culprits behind the "Bizarre Money Chain Scam" forthwith. 2. We have today heard Sri. Babu S.Nair, learned counsel for the petitioners and Sri. K.A.Jaleel, learned Additional Advocate General for the respondents. 3. Sri.Babu S.Nair submitted that the petitioners are not involved in any offences and that they are being unnecessarily harassed by the respondents under the guise of investigation into the offences committed by the public limited company by name " Bizarre". The learned counsel drew our attention to the averments in the writ petition. According to the learned counsel, the petitioners are only victims. The petitioners may not be harassed, so requested the learned counsel. Towards the end of his submissions, the learned counsel conceded that the first petitioner was taken into custody by the police yesterday in WPC.No.17225/2011 3 connection with the same crime registered against him. But, according to the learned counsel, the 2nd petitioner is not accused in any crime registered by the respondents or any other police officer. 4. The learned Additional Advocate General Mr.Jaleel would oppose the submissions of Mr.Babu S.Nair. According to the learned Additional Advocate General, the allegations of harassment levelled against the police is without any basis at all. The Additional Advocate General submitted that the petitioners, on their own showing, are promoters of the money chain which was being propagated by the Bizarre company. In this context, the learned Additional Advocate General drew our attention to the averments in paragraphs 2 and 3 of the writ petition. The learned Additional Advocate General submitted that the petitioners concede that they enrolled themselves and they enrolled their family members also. It is thus clear from the petitioners' pleadings that they are promoters of the scheme. The Additional Advocate General submitted that as many as 16 cases have been registered in various police stations in Malappuram District in connection with the complaints received WPC.No.17225/2011 4 on account of multi level marketing the money chain scam. Crime No.199/2011 registered by the Ponnani Police station is only one of them. The first petitioner is the accused in the above crime. If the first petitioner is taken into custody, the same must be in connection with the above crime. The Additional Advocate General submitted that the offences alleged in the above crime and in most of the other crimes registered in Malappuram District are under Sections 406 & 420 of IPC and Sections 3,4 and 6 of the Prize Chits And Money Circulation Schemes (Banning) Act 1978. The learned Additional Advocate General drew our attention to Section 3 of the above Act and submitted that this is a case where on their own admissions the petitioners are guilty of the offences under Section 3. The learned Additional Advocate General concluded his submissions by stating that the accusation of harassment by police is without any basis. He has no information as to whether the 2nd petitioner is an accused in any of the crime registered. But the second petitioner himself has conceded that, being a promoter of this scheme, it is quite likely that his presence will be required in connection with the crime registered by the police. If his WPC.No.17225/2011 5 presence is required, it will be in connection with the investigation of the crime and not for the purpose of harassment. The Additional Advocate General assured that just for state of harassing the 2nd petitioner, his presence will not be insisted upon. We record the above submission of the learned Additional Advocate General. 5. Having considered the rival submissions, we are convinced that the accusations of harassment, by the police, of the petitioners are without basis. The petition will stand dismissed. 6. The dismissal of the writ petition however will not stand in the way of the petitioners availing remedies, which are available to them, under the Code of Criminal Procedure. We make it clear that the observations made in this judgment regarding the status of the petitioners in connection with the money chain scam have been made only for the purpose of deciding this writ petition. PIUS C.KURIAKOSE,JUDGE P.BHAVADASAN, JUDGE dpk