Kerala High Court
Elias V.P Aged 47 Years vs State Of Kerala on 20 October, 2014
Author: Ashok Bhushan
Bench: A.M.Shaffique, Ashok Bhushan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 20TH DAY OF OCTOBER 2014/28TH ASWINA, 1936
WP(C).No. 25818 of 2014 (B)
----------------------------
PETITIONER(S):
--------------
ELIAS V.P AGED 47 YEARS
S/O. PAILEE, VARAPPTHUKUZHIYIL HOUSE, KURUMALA P.O.
VATTULLY, CHELAKKARA.
BY ADV. SRI.VINAY RAMDAS
RESPONDENT(S):
--------------
1. STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT
DEPARTMENT OF HOME, GOVERNMENT OF KERALA
THIRUVANANTHAPURAM - 695 001.
2. DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001.
3. THE INSPECTOR GENERAL OF POLICE
TRICHUR RANGE, TRICHUR - 680 001.
4. THE DISTRICT SUPERINTENDENT OF POLICE (RURAL)
AYYANTHOLE, TRICHUR - 680 003.
5. CIRCLE INSPECTOR OF POLICE WADAKKANCHERY
TRICHUR - 680 582.
6. THE SUB INSPECTOR OF POLICE
WADAKKANCHEY POLICE STATION, WADAKKANCHERY
TRICHUR - 680 582.
R1-R6 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25818 of 2014 (B)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
------------------------
P1 - SHARE CERTIFICATE ISSUED TO THE PETITIONER ON 01.02.14.
P2 - COMPANY PETITION NO. 6 OF 2014 FILED BEFORE THE HIGH COURT OF
KERALA DT. 13.3.14.
P3 - COMPLAINT MADE BY THE PETITIONER TO THE INSPECTOPR GENERAL OF
POLICE TGHE 4TH RESPONDENT HEREIN DT. 22.09.14.
P4 - THE POSTAL RECEIPT DT. 25.09.14 RECEIVED BY THE PETITIONER WHEN
THE EXT. P3 COMPLAINT WAS MADE TO THE 4TH RESPONDENT BY WAY IF
REGISTERED POST.
RESPONDENT(S)' EXHIBITS
-----------------------
NIL
/TRUE COPY/
PS TO JUDGE
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J
----------------------------------------------
W.P(C).No. 25818 of 2014
----------------------------------------------
Dated this the 20th October, 2014
JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard learned counsel for the petitioner and the learned State Attorney.
2. By this Writ Petition, the petitioner, who claims to be a share-holder and Director of Mahalife Kuries Pvt. Ltd, has prayed for a direction to respondents 1 and 3 to direct respondents 4 and 5 not to harass and file false cases for recovery of money or coerce for recovery of money due to Mahalife Kuries Pvt. Ltd. The petitioner submits that a Company Petition is pending in this Court.
3. The learned State Attorney stated that Crime No.1367/2014 has been registered against the petitioner and other Directors and the Directors are absconding. He submitted that the police cannot intervene in the matter regarding recovery of money from share-holders and other debtors.
WP(C).25818/14 2
4. In view of the fact that a crime has already been registered against the petitioner and other Directors of the Mahalife Kuries Pvt. Ltd, we do not find that there is police harassment. We only observe that the police authorities shall proceed with the investigation in accordance with the Code of Criminal Procedure.
The Writ Petition is dismissed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs20/10/14