Investigation into multiple crimes involving cross-border fraudulent activities to be supervised by a senior officer of the State Crime Branch.
In a significant legal development, the Kerala High Court has directed the transfer of an investigation concerning a series of alleged fraudulent activities with international implications to the State Crime Branch. The directive comes in response to a writ petition filed by AL Ahli Bank, K.S.C.P., represented by its Chief Consumer Officer, seeking a more centralized and efficient probe into the matter.
The case involves 12 separate crimes registered across various police stations in Kerala. These crimes revolve around allegations against multiple individuals who, according to the prosecution, conspired to dishonestly induce AL Ahli Bank into granting substantial loans. The accused allegedly secured these loans with the intention to cheat and subsequently transferred the funds to bank accounts in India before fleeing Kuwait for permanent employment abroad.
The petitioner argued for the transfer of the investigation to the State Crime Branch, citing the complex and international nature of the case. The petitioner's counsel emphasized that cases with such extensive international ramifications, especially those requiring investigation in foreign jurisdictions, should be handled by the State Crime Branch as per Circular No.6/2025/PHQ issued by the State Police Chief.
In his judgment, Justice K. Babu acknowledged the international dimensions of the case, noting that several accused are currently residing outside India. He concurred with the petitioner's request, underscoring the necessity for a specialized and coordinated investigation by a competent authority like the State Crime Branch. The court ordered that the cases be consolidated and the investigation be conducted under the supervision of a senior officer in the rank of Superintendent of Police.
The decision marks a crucial step in ensuring a thorough and effective investigation into the alleged siphoning of funds by the accused. It is expected that the transfer will facilitate better coordination among international and local law enforcement agencies, thereby expediting the investigative process.
Bottom Line:
Investigation of crimes with international ramifications involving alleged cheating and conspiracy by individuals residing abroad ordered to be transferred to State Crime Branch under supervision of a Police Officer of the rank of Superintendent of Police.
Statutory provision(s): Article 226 of Constitution of India, Section 482 of Criminal Procedure Code, 1973.
AL Ahli Bank, K.S.C.P. v. Director General of Police, (Kerala) : Law Finder Doc id # 2859297