Kerala High Court
Muhammed Salim vs Nil on 19 June, 2020
Author: T.V.Anilkumar
Bench: T.V.Anilkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 19TH DAY OF JUNE 2020 / 29TH JYAISHTA, 1942
Crl.MC.No.2916 OF 2016
PETITIONER/ACCUSED:
MUHAMMED SALIM,
S/O.MUHAMMED KUNJU, MADEENA MANZIL, ANARY,
CHERUTHANA VILLAGE, THIKAPPALLY TALUK
BY ADVS.SRI.T.M.ABDUL LATHEEF
SRI.A.ABDUL LATHEEF
RESPONDENTS(STATE & COMPLAINANT)
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM
2 THE DISTRICT POLICE CHIEF,
ALAPPUZHA 688001
3 SUB INSPECTOR OF POLICE,
HARIPAD POLICE STATION, HARIPAD 690514
4 MAGMA FINCORP LTD.
REGISTERED OFFICE 24, PARK STREET, KOLKATA
700016
5 MAGMA FINCORP LTD.,
1ST FLOOR, JAIN TOWER, OPP. KSEB OFFICE, POWER
HOUSE JUNCTION, VYTTILA ERNAKULAM, COCHIN 682019
OTHER PRESENT:
UDAYAKUMAR.K.B -P.P
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
19.06.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2916/2016
-:2:-
Dated this the 19th day of June, 2020
O R D E R
I heard the learned counsel for the petitioner. Party respondents are not represented. I heard the learned Public Prosecutor also.
2. The report called for from the Additional District Judge-I, Mavelikara indicates that O.P. (Arb) No.15/2015 on its file was ordered to be returned for presentation before the proper court by order dated 09.10.2018. It was further intimated that no interim order of protection is also in force.
3. This Crl.M.C. is filed seeking an order directing respondents 1 to 3 to dissuade from executing warrant of arrest issued against the petitioner in Case No.C.S./0400900/14 of Chief Metropolitan Magistrate, Kolkata. The petitioner also seeks for issue of another direction as against respondents 4 and 5 for placing the subject matter of dispute between parties before Additional District Court, Mavelikara for adjudication under the provisions of the Arbitration Act and Conciliation Act, 1996. Since it is reported by the learned Additional District Judge-I, Mavelikara that the proceedings pending before it has been Crl.M.C.No.2916/2016 -:3:- returned for presentation before the proper court, the direction sought as against respondents 4 and 5 cannot be entertained at all. Further, I fail to understand as to how jurisdiction under Section 482 of the Code of Criminal Procedure,1973 (for short, 'the CrPC) could be invoked for issue of similar direction under law.
4. As regards relief sought against arrest of the petitioner, I am of the opinion that complete facts have not been presented before this Court. It is not made known as to the kind of proceedings which are pending before Chief Metropolitan Magistrate, Kolkata. It is also not known what circumstances led the Chief Metropolitan Magistrate to issue the warrant. When this Court is completely in dark about the material facts, it is not advisable to invoke power under Section 482 CrPC and order against execution of warrant.
5. After hearing the learned counsel for the petitioner, I am of the opinion that, if the petitioner apprehends arrest pursuant to the proceedings allegedly pending before the Chief Metropolitan Magistrate, Kolkata, it will be open to him to approach the appropriate court and seek appropriate relief.
Crl.M.C.No.2916/2016-:4:-
In the result, Crl.M.C. is dismissed subject to the right of the petitioner to resort to appropriate relief in appropriate forum.
All pending interlocutory applications will stand closed.
Sd/-
T.V.ANILKUMAR,JUDGE
DST //True copy/
P.A.To Judge
Crl.M.C.No.2916/2016
-:5:-
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE SURRENDER LETTER DATED
17.11.2015
ANNEXURE A2 TRUE COPY OF THE ARBITRAL AWARD NO.
104228 DATED 24.11.2014
ANNEXURE A3 TRUE COPY OF THE PLAINT IN OS.NO.
417/2014 FILED BEFORE THE MUNSIFF COURT, HARIPPAD ANNEXURE A4 TRUE COPY OF THE INVENTORY OF ITEMS IN VEHICLE DATED 17.11.2015 ANNEXURE A5 TRUE COPY OF THE LETTER DATED 12.12.2014 SENT BY THE PETITIONER TO THE ARBITRATOR ANNEXURE A6 TRUE COPY OF THE OP (ARBITRATION) NO.
15/15 PENDING BEFORE THE ADDITIONAL DISTRICT COURT, MAVELIKKARA RESPONDENTS EXHIBITS: NIL