IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 5551 OF 2021
PETITIONER:
M/S.KSHEMA POWER AND INFRASTRUCTURE COMPANY (P) LTD.
REGISTERED OFFICE AT XXVII/532, T-2, TRINITY CASTLE,
EDAPALLY, COCHIN 682 024, KERALA, REPRESENTED BY
AUTHORIZED SIGNATORY, C C VISWANATHAN NAIR,
S/O. CHANDRA SEKHARAN NAIR, CHADRA VILAS,
KODANAD, ERNAKULAM.
BY ADVS.
PRAVEEN K. JOY
SRI.T.A.JOY
SRI.E.S.SANEEJ
SRI.M.P.UNNIKRISHNAN
SMT.M.K.SAMYUKTHA
SRI.N.ABHILASH
SHRI.DEEPU RAJAGOPAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE COMMISSIONER OF POLICE,
COCHIN CITY, ERNAKULAM 682 031.
3 THE STATION HOUSE OFFICER,
ELAMAKKARA POLICE STATION, ERNAKULAM DISTRICT 682 024.
4 VIKRAM KAILAS,
THE MANAGING DIRECTOR, MYTRAH ENERGY (INDIA) PVT LTD.,
M N NAGR, KOLATHUR, CHENNAI 600099.
5 SUNDAR RAMAN AJAI THOTAPALLI,
MYTRAH ENERGY (INDIA) PVT LTD., 8001, Q-CITY, S-NO.
109. GACHIBOWLI, HYDERABAD 500032.
6 RAVI SHANKAR KAILAS,
MYTRAH ENERGY (INDIA) PVT LTD., 8001, Q-CITY, S-NO.
109, GACHIBOWLI, HYDRABAD 500032.
WP(C) NO. 5551 OF 2021
2
7 ROHITKUMAR PHANSALKAR,
MYTRAH ENERGY (INDIA) PVT LTD., 8001, Q-CITY,
S-NO. 109, GACHIBOWLI, HYDERABAD 500032.
8 UDAYCHANDRA YEMMANURY,
MYTRAH ENERGY (INDIA) PVT LTD., 8001, Q-CITY,
S-NO. 109, GACHIBOWLI, HYDERABAD 500032.
9 SANTHOSH BALACHANDRAN NAYAR,
MYTRAH ENERGY (INDIA) PVT.LTD., 8001, Q-CITY,
S-NO 109, GACHIBOWLI, HYDRABAD 500032.
10 VIVEK KAILAS,
MYTRAH ENERGY (INDIA) PVT.LTD., 8001, Q-CITY,
S-NO 109, GACHIBOWLI, HYDRABAD 500032.
11 ROBERT KEITH SMITH,
MYTRAH ENERGY (INDIA) PVT.LTD., 8001, Q-CITY,
S-NO 109, GACHIBOWLI, HYDRABAD 500032.
ADDL. STATION HOUSE OFFICER,
12 KALAMASSERY POLICE STATION,
ERNAKULAM DISTRICT - 682033
ADDL.R12 IS IMPLEADED AS PER ORDER DATED
20.05.2022 IN I.A. NO.1 OF 2021.
BY ADV
ADV.C.S. HRITHWIK - SR. PUBLIC PROSECUTOR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 5551 OF 2021
3
JUDGMENT
This writ petition is filed by the petitioner seeking a direction to the respondents 1 and 2 to constitute a Special Investigation Team to inquire into the complaint submitted by the petitioner. The petitioner has submitted Ext.P1 complaint before the 2 nd respondent against eight persons alleging offences punishable under Sections 420, 468, 120-B read with Section 34 of Indian Penal Code. The grievance highlighted by the petitioner in this petition is that proper investigation was not being conducted on the said complaint and this writ petition is submitted in such circumstances.
2. Heard Sri.Praveen K. Joy, learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor appearing for the State.
3. A statement is submitted by the learned Public Prosecutor highlighting that the 2nd respondent has already passed an order on 05.02.2021, transmitting the said case to Kalamassery Police Station. It is seen from the records that based on the same Ext.P3 First Information Report bearing Crime No.199/2021 has WP(C) NO. 5551 OF 2021 4 been registered by the Kalamassery Police Station and an investigation is now in progress.
As the investigation is already in progress, this writ petition can be disposed of, directing the Station House Officer, Kalamassery, who is impleaded as the additional 12 th respondent in this writ petition to conduct an effective investigation in the crime based on registered Ext.P3 First Information Report, complete the same, as expeditiously as possible and file a report in this regard, before the court concerned.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE SCS WP(C) NO. 5551 OF 2021 5 APPENDIX OF WP(C) 5551/2021 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT.
EXHIBIT P2 THE TRUE PHOTOCOPY OF THE MAIL FROM OFFICE OF 2ND RESPONDENT DATED 04.02.2021.
EXHIBIT P3 TRUE COPY OF THE FIR NO.199/2021 OF KALAMASSERY POLICE STATION.