2025:KER:27069 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(CRL.) NO. 1376 OF 2024 PETITIONER: A.A ABDULLA AGED 75 YEARS S/O ABDUL MAJEED, FLAT NO. 6C, SKYLINE AXIS APARTMENT, PARAVATTANI, OLLUKARA VILLAGE, THRISSUR, KERALA, PIN - 680002 BY ADVS. AAMIR SOHRAB M. M. S.RAJEEV(K/000249/1993) M.S.ANEER(K/644/2013) RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110001 2 NATIONAL CYBER CRIME REPORTING PORTAL NATIONAL HIGHWAY - 8, MAHIPALPUR, NEW DELHI , REPRESENTED BY ITS DIRECTOR., PIN - 110037 3 DIRECTOR CENTRAL BUREAU OF INVESTIGATION (CBI), PLOT NO. 5-B, CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110001 2025:KER:27069 W.P.(CRL) NO.1376 OF 2024 2 4 ADDITIONAL DIRECTOR CENTRAL BUREAU OF INVESTIGATION, ACB KOCHI, KATHRIKKADAVU, KALOOR P.O, KOCHI, KERALA, PIN - 682017 5 SPECIAL DIRECTOR CENTRAL BUREAU OF INVESTIGATION, SCB THIRUVANANTHAPURAM, TC 11/304, MALABAR HOUSE, KESTON ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM, KERALA, PIN - 695003 6 STATION HOUSE OFFICER THRISSUR CITY CYBER CRIME POLICE STATION, OPPOSITE OFFICE OF THE COMMISSIONER OF POLICE, VELIYANNUR, THRISSUR, KERALA, PIN - 680006 7 INVESTIGATING OFFICER CRIME NO. 83/2024 OF THRISSUR CITY CYBER CRIME POLICE, THRISSUR CITY CYBER CRIME POLICE STATION, OPPOSITE OFFICE OF THE COMMISSIONER OF POLICE, VELIYANNUR, THRISSUR, KERALA, PIN - 680006 BY ADVS. SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P. SREELAL WARRIAR, SPL. P.P., CBI THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27069 W.P.(CRL) NO.1376 OF 2024 3 JUDGMENT The petitioner is the defacto complainant in Crime No.83/2024 of Thrissur City Cyber Crime Police Station. Ext.P1 is the FIR. The offences involved are punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology (Amendment) Act, 2008. 2. The prosecution allegation in short is as follows: The petitioner received a telephone call on 20.07.2024 from an unknown number and the person at the other end introduced himself as one Ajay Kumar from the main branch office of FedEx Courier, Mumbai. The caller informed the petitioner that a package, allegedly sent from Mumbai to Russia booked to his name had been intercepted by Mumbai Customs due to suspicion that it contained illegal drugs. The caller stated that the issue was serious and was being investigated by the Cyber Crime Department. After the initial conversation, the call was transferred to another 2025:KER:27069 W.P.(CRL) NO.1376 OF 2024 4 individual who claimed to be an Inspector in the Cyber Crime Department in Mumbai who told the petitioner that his bank account maintained with ESAF Small Finance Bank, Kalathode would need to be verified as part of the investigation and that once verification was complete, the matter would be cleared. According to the petitioner, he believed that the call was legitimate and subsequently under the instruction from the caller, transferred money saved in his bank account into three bank accounts, provided by the caller for the alleged verification and clearance process. He transferred a total sum of Rs.1,04,40,111/- (Rupees One crore four lakhs forty thousand one hundred and eleven only) between 22.07.2024 and 24.07.2024 into the bank accounts provided by the caller. However, upon realising that he had been grievously defrauded, the petitioner reported the matter to the Thrissur City Cyber Crime Police Station on 25.07.2024 and filed a formal complaint. It is based on the said complaint, Ext.P1 FIR was registered. 2025:KER:27069 W.P.(CRL) NO.1376 OF 2024 5 3. The crime is now being investigated by the Kerala Police Crime Branch. According to the petitioner, given the complexity of the case, the involvement of the cyber crime and the large financial loss incurred by him, it is imperative that the matter be investigated by an independent agency such as the Central Bureau of Investigation (CBI). It is in these circumstances, the petitioner has approached this Court to hand over the investigation to the CBI. 4. The Assistant Commissioner of Police, Crime Branch, Thrissur city, who is conducting the investigation at present filed a detailed statement. The CBI has also filed a statement. 5. I have heard Sri. S. Rajeev, the learned counsel for the petitioner, Sri. Sreelal Warrier, learned Special Public Prosecutor for the CBI and Sri. P. Narayanan, the learned Senior Public Prosecutor. 6. The statement filed by the investigating officer would show that the present investigating agency is effectively conducting the investigation. The details of the 2025:KER:27069 W.P.(CRL) NO.1376 OF 2024 6 investigation conducted so far have been mentioned in the statement. In the statement filed by the CBI, it is stated that since an effective investigation is being carried out now, there is no necessity to hand over the investigation to it. It is true that there is nothing on record to suggest that the present investigation is not being conducted properly. On the other hand, the statement filed by the present investigating officer would show that it is going in the right direction. However, the fact remains that it is a case of massive financial fraud and the petitioner has sustained a huge financial loss. It appears from the available records that the perpetrators and the transactions are spread over across the nation. There is every likelihood that territorial and jurisdictional limitations may arise, hindering an effective investigation. Considering the severity of the crime, the large financial loss incurred by the petitioner and the need for a thorough investigation involving multiple state police forces, I am of the view that the prayer sought for can be allowed. Hence, the 3rd respondent is directed to take 2025:KER:27069 W.P.(CRL) NO.1376 OF 2024 7 over the investigation of the Crime No.83/2024 of Thrissur City Cyber Crime Police Station from the 6th respondent and proceed in accordance with law. The writ petition is disposed of accordingly. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR/AS 2025:KER:27069 W.P.(CRL) NO.1376 OF 2024 8 APPENDIX OF WP(CRL.) 1376/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE FIR IN CRIME NO. 83/2024 OF THRISSUR CITY CYBER CRIME POLICE, DATED 25.07.2024 Exhibit P2 A TRUE COPY OF THE LETTER PREFERRED BY THE PETITIONER BEFORE RESPONDENT NO.3, DATED 30.11.2024 Exhibit P3 A TRUE COPY OF THE LETTER PREFERRED BY THE PETITIONER BEFORE RESPONDENT NO.4, DATED 30.11.2024 Exhibit P4 A TRUE COPY OF THE LETTER PREFERRED BY THE PETITIONER BEFORE RESPONDENT NO.5, DATED 30.11.2024 RESPONDENTS’ EXHIBITS: NIL