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Judgment
M. Sasidharan Nambiar, J.—This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing respondents 1 and 2 to refer Crime Nos. 1218/2005, 206/2006, 809/2006 and 872/2007 of Central Police Station, Ernakulam and Crime No. 582/2007 of Museum Police Station, Thiruvananthapuram and other crimes registered against Sebastian P. John and other Directors of Skyblue Enterprises Pvt. Ltd. and Skyblue Consulting and Services Pvt. Ltd. in different police stations, for the offence alleging cheating public by offering employment abroad and admission in Nursing course with educational loans, to the third respondent for investigation.
Fourth respondent was subsequently got impleaded as per order in I.A. No. 7198/2010. He also supported the case of the petitioner contending WPC 12782/10 2 that the cases are not being properly investigated.
The statement filed by Director General of Police shows that in addition to the crimes referred to by the petitioner, Crime No. 142/2008 of Defence Colony Police Station, New Delhi and Crime No. 231/2008 of Economic Offence Wing, New Delhi Police are also pending investigation. It is submitted that on the orders of Inspector General of Police, Ernakulam Range, a meeting of the Investigating Officers was convened and extensive investigations are to be made at different places. It is also reported that three separate investigation teams are constituted to trace out the accused and still, the accused is yet to be apprehended. It is submitted that investigation is to be conducted in Tamil Nadu and New Delhi apart from other places.
Considering the magnitude of the investigation and the fact that investigation is to be conducted outside the State, including New WPC 12782/10 3 Delhi, Karnataka and Tamil Nadu and even out of India, it is submitted by the petitioners that investigation by Central Bureau of Investigation is necessary.
Learned Additional Director General of Prosecutions submitted that investigation could be conducted by Central Bureau of Investigation, considering the magnitude of the investigation.
In the nature of the case, it is clear that an effective investigation is not possible by the Kerala Police alone as investigation is to be conducted even outside the State. In such circumstances, investigation of the case is to be transferred to Central Bureau of Investigation.
Petition is allowed. Central Bureau of Investigation is directed to take over investigation of all the cases immediately and conduct a fair and effective investigation in Crime Nos. 1218/2005, 206/2006, 809/2006 and 872/2007 of Central Police Station, Ernakulam, Crime No. WPC 12782/10 4 582/2007 of Museum Police Station, Thiruvananthapuram, expeditiously. Central Bureau of Investigation may also take over investigation of all the connected cases, including Crime No. 142/2008 of Defence Colony Police Station, New Delhi and Crime No. 231/2008 of Economic Offence Wing, New Delhi.