Kerala High Court
M/S Sundaram Bnp Paribas Home Finance ... vs State Of Kerala on 13 September, 2014
Author: K.T. Sankaran
Bench: K.T.Sankaran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE ACTING CHIEF JUSTICE MR. MOHAN M.SHANTANAGOUDAR
&
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
THURSDAY, THE 18TH DAY OF AUGUST 2016/27TH SRAVANA, 1938
WP(C).No. 21493 of 2016 (J)
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PETITIONERS :
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1. M/S SUNDARAM BNP PARIBAS HOME FINANCE LTD.
MARINE DRIVE, COCHIN-682031,
REPRESENTED BY AUTHORISED OFFICER
SHRI.ASWIN RAM K., AGED 27
S/O.ASOKAN.
2. BINULAL P.S., AGED 38, S/O.SASIDHARAN, REPRESENTED BY
AUTHORISED OFFICER AND ZONAL HEAD
M/S.SUNDARAM BNP PARIBAS HOME FINANCE LTD.
MARINE DRIVE, KOCHI-682031.
BY ADVS.SRI.VARGHESE C.KURIAKOSE
SRI.P.J.JOSE
SRI.K.O.MANUEL (KOPRAMB)
SMT. SEENU SIDIQUE
RESPONDENTS :
-------------------
1. STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS
SECRETARIAT, TRIVANDRUM-695001.
2. THE DISTRICT POLICE CHIEF
(SUPERINTENDENT OF POLICE), IDUKKI DISTRICT
O/O.SUPERINTENDENT OF POLICE,
KUYILIMALA, PAINAVU, IDUKKI-685206.
3. THE DEPUTY SUPERINTENDENT OF POLICE
O/O.DEPUTY SUPERINTENDENT OF POLICE
THODUPUZHA, IDUKKI-685536.
4. THE CIRCLE INSPECTOR OF POLICE
O/O.CIRCLE INSPECTOR OF POLICE
THODUPUZHA, IDUKKI DISTRICT-685536.
5. THE SUB INSPECTOR OF POLICE
THODUPUZHA POLICE STATION, THODUPUZHA-685536.
WP(C).No. 21493 of 2016 (J)
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6. SHRI.AJAYAKUMAR M.P.
S/O.GOPALAN, MANATHANATH HOUSE
OLAMATTOM, THODUPUZHA-685301.
R1 TO R5 BY SR.GOVERNMENT PLEADER, SRI.P.P. THAJUDEEN
R6 BY ADV. SRI.SOJAN MICHEAL
R6 BY ADV. SMT.JENCY MICHEAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21493 of 2016 (J)
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APPENDIX
PETITIONERS' EXHIBITS :
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EXT.P1 : TRUE COPY OF THE FIR FILED IN CRIME 2483/2014 ON THE FILES
OF CENTRAL STATION ERNAKULAM.
EXT.P2 : TRUE COPY OF THE FINAL REPORT OF CENTRAL STATION,
ERNAKULAM IN CRIME NO2483/2014.
EXT.P3 : TRUE COPY OF THE PROTEST COMPLAINT FILED FOR TAKING
COGNIZANCE AGAINST THE BRANCH MANAGER SBT THODUPUZHA.
EXT.P4 : TRUE COPY OF THE CMP SUBMITTED BY R6.
EXT.P5 : TRUE COPY OF THE ARBITRATION OP 214/2015 ON THE FILES OF
DISTRICT COURT, ERNAKULAM.
EXT.P6 : TRUE COPY OF THE LETTER GIVEN TO THE PETITIONER COMPANY
WHEN THE CHEQUES FOR RS.73,92,541 WAS ISSUED BY THE
PETITIONER.
EXT.P7 : TRUE COPY OF THE DETAILED REPRESENTATION SUBMITTED
BEFORE R2 BY THE 1ST PETITIONER.
EXT.P8 : TRUE COPY OF THE ACKNOWLEDGMENT CARD PERTAINING TO
RECEIPT OF EXT.P7.
EXT.P9 : TRUE COPY OF THE APPLICATION SUBMITTED TO R5 BY THE
1ST PETITIONER.
RESPONDENTS' EXHIBITS :
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EXT.R6(A) : TRUE COPY OF THE PETITION DATED 13.09.2014.
EXT.R6(B) : TRUE COPY OF THE COMMUNICATION OF THE 1ST PETITIONER
COMPANY DATED 06.10.2014.
EXT.R6(C) : TRUE COPY OF THE STOP MEMO DATED 17.10.2014.
EXT.R6(D) : TRUE COPY OF THE EMAIL SEND TO THE CHIEF MANAGER
ON 01.09.2014.
EXT.R6(E) : TRUE COPY OF THE LAWYER NOTICES DATED 20.06.2016.
EXT.R6(F) : TRUE COPY OF THE LAWYER NOTICES DATED 20.06.2016.
/TRUE COPY/
PA TO JUDGE
Mohan M. Shantanagoudar, Ag. C.J. & K.T. Sankaran, J.
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W.P.(C) No. 21493 of 2016
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Dated this the 18th day of August, 2016
JUDGMENT
K.T. Sankaran, J.
This writ petition is filed for the following reliefs :
"i. Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing respondents 4 and 5 or the concerned among them not to harass the officers of the 1st petitioner including the 2nd petitioner on the basis of the alleged investigation of crime No.719/2016 on the files of Thodupuzha police station, which has its genesis in an apparently false complaint filed in the form of Ext.P4 and thus ensure justice to the 1st petitioner company and its officers.
ii. Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing respondents 2 and 3 or the concerned among them to take up Ext.P7 and similar applications given and take a decision on the same based on the documents produced by the petitioner in this writ petition which are judicial proceedings.
iii. Issue a writ, order or direction in the nature of mandamus or other appropriate writ directing respondents 5 to take up Ext.P9 and pass orders on the same causing registration of a crime against the 6th respondent for misleading investigating officer and the Judicial Magistrate Court through Ext.P4 application and thus secure ends of justice to the petitioners."
2. Learned counsel appearing for the 6th respondent submitted that Crime No.719/2016 was registered on the basis of WPC 21493/16 -:2:- a private complaint filed by the 6th respondent before the Chief Judicial Magistrate Court, Thodupuzha and which was forwarded to the police for investigation under Section 156(3) Cr.P.C. It is submitted that the investigation is going on. The learned Government Pleader submitted that Crime No.719/2016 was registered for the offences under Sections 109, 341, 452, 386, 395, 406, 419, 420, 465, 468, 471 r/w Section 34 IPC.
4. Going by the averments in the writ petition as well as the reliefs prayed for in the writ petition, the petitioners require the investigation to be conducted in a particular manner and as suggested by them. The learned Government Pleader submitted that the petitioners have submitted Ext.P7 representation before the District Police Chief in that regard.
3. When a crime is registered, the police is bound to investigate the same, in accordance with law. Investigation of a criminal case cannot be said to be harassment by the police. If any particular instance of police harassment is brought to the notice in the course of investigation, the Court having jurisdiction would take necessary action in the matter. The case having been WPC 21493/16 -:3:- referred to the police for investigation under Section 156 (3) Cr.P.C., that court retains powers to issue appropriate directions to the police. Reserving the right of the petitioners to approach the court having jurisdiction, the writ petition is closed.
Sd/-
Mohan M. Shantanagoudar, Acting Chief Justice.
Sd/-
K.T. Sankaran, Judge.
ttb/19/08