Shaheer Kunnathu Peedika vs State Of Kerala

Citation : 2022 Latest Caselaw 6067 Ker
Judgement Date : 1 June, 2022

Kerala High Court
Shaheer Kunnathu Peedika vs State Of Kerala on 1 June, 2022
                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                    THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

          WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944

                             WP(CRL.) NO. 445 OF 2021

PETITIONER/S:

             SHAHEER KUNNATHU PEEDIKA
             AGED 42 YEARS
             S/O. ABDUL RAHIMAN KUNNATHU PEEDIKA, KUNNATHU PEEDIKA HOUSE,
             KUNNAPALLY P.O., PATHAIKKARA, PERUNTHALMANNA, MALAPPURAM-
             679322, REP. HEREIN BY HIS DULY CONSTITUTED POWER OF ATTORNEY
             M.K.DINESH KUMAR, AGED 57, S/O. M.P.GANGADHARAN, 6TH FLOOR,
             CHITHRAMALIKA, THEVARA, ERNAKULAM-682013.
             BY ADVS.
             K.R.VINOD
             M.S.LETHA
             K.S.SREEREKHA
             K.S.SANGEETHA
             JACQUELINE JACKSON
             JOHN TONY AKKARA
             MARIYA ANTONY
             ANUKRISHNA PRADEEP T.

RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS,
             SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2       THE DIRECTOR GENERAL OF POLICE,
             POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695010.
     3       THE COMMISSIONER OF POLICE,
             KOZHIKODE CITY, PALAYAM, KOZHIKODE-673004.
     4       THE STATION HOUSE OFFICER,
             FEROKE POLICE STATION, FEROKE, KOZHIKODE CITY, KOZHIKODE-
             673632.
     5       REGIONAL PASSPORT OFFICE,
             ERANHIPALAM POST, KOZHIKODE-673006.
     6       THE IMMIGRATION OFFICER,
             FRRO CALICUT, 20/1305, CASTLE VIEW, THIRUVANNUR ROAD,
             PANNIYANKARA, KALLAI P.O., KOZHIKODE-673003.
     7       MOIDEEN KOYA KALLAKAL,
             AGED 52 YEARS
             KALLAKAL HOUSE, MAVINCHUVADU, KAKKANCHERY - KOTTAPURAM ROAD,
             PALLIKAL BAZAR, KONDOTTY, MALAPPURAM-673652.
     8       JAFFER SADIK,
             S/O. KADAR, KAKKATTUPARAMBIL HOUSE, PUTHUPPADI P.O.,
             KUNJUKULAM, KAMBIKUNNU, ENGAPUZHA, KOZHIKODE-673586.
             BY ADVS.
             GOVERNMENT PLEADER
             MANU S., ASG OF INDIA
             ADV M P PRASHANT -GP

      THIS   WRIT    PETITION   (CRIMINAL)   HAVING   COME   UP   FOR   ADMISSION   ON

01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (Crl.) 445 of 2022             -2-




                            JUDGMENT

Dated this the 1st day of June, 2022 This writ petition is filed by the petitioner praying for issuance of writ of mandamus to direct the 5 th and 6th respondents to take effective measure to freeze the passport of the 7 th and 8th respondents.

The aforesaid prayer was sought for in connection with the investigation of Crime No. 713 of 2021 of Feroke Police Station.

2. Today, when the writ petition came up for further consideration, the learned counsel for the petitioner submits that the investigation in Ext. P4 is complete and a refer report was submitted by the Police. It is also submitted that the petitioner is intending to file a protest complaint as against the same.

In such circumstances, this writ petition is closed without prejudice to the rights and remedies of the petitioner.

Sd/-

ZIYAD RAHMAN A. A.

JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE W.P. (Crl.) 445 of 2022 -3- APPENDIX OF WP(CRL.) 445/2021 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 4TH RESPONDENT DATED 24.9.2021.

Exhibit P2 THE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 1.10.2021.

Exhibit P3 THE COPY OF THE PRIVATE COMPLAINT LODGED BY THE PETITIONER DATED 11.10.2021.

Exhibit P4 THE COPY OF THE FIRST INFORMATION REPORT REGISTERED BY THE 4TH RESPONDENT ON 16.10.2021.