Ashiq Ahamed vs State Of Haryana
2021 Latest Caselaw 41 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                     WP(C).No.33768 OF 2019(U)

PETITIONER:
              ASHIQ AHAMED,
              AGED 28 YEARS
              S/O A. IBRAHIM, R/O 16/282 ASHIAYAN,
              OPPOSITE TO POLYCLINIC HOSPITAL,
              KALMANDAPAM, PALAKKAD,
              KERALA - 678 013.

              BY ADVS.
              SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
              SRI.A.R.DILEEP
              SRI.P.J.JOE PAUL
              SRI.MANU SRINATH
              SRI.RAJAN G. GEORGE

RESPONDENTS:
       1     STATE OF HARYANA,
             REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
             GOVERNMENT OF HARYANA, ROOM NO. 48, 6TH FLOOR,
             HARYANA CIVIL SECRETARIAT, SECTOR - 1, CHANDIGARH,
             PIN - 160 001.

      2       COMMISSIONER OF POLICE,
              COMMISSIONERATE OF POLICE, SHANTI NAGAR, SHIVAJI
              NAGAR, SECTOR 11 GURUGRAM, HARYANA.

      3       THE STATION HOUSE OFFICER,
              CYBER POLICE STATION, HARIZAN COLONY, DLF PHASE 5,
              SECTOR 43, GURUGRAM, HARYANA - 122 002.

      4       ASSISTANT SUB-INSPECTOR (ASI),
              CYBER POLICE STATION, HARIZAN COLONY, DLF PHASE 5,
              SECTOR 43, GURUGRAM, HARYANA - 122 002.

      5       HDFC BANK,
              CHANDRANAGAR BRANCH, PALAKKAD, REPRESENTED
              BYITSMANAGER, 12/799, CHEMBALODE, PALAKKAD TRICHUR
              BYPASS, CHANDRANAGAR, PALAKKAD, KERALA - 678 007.

              R5 BY SRI.T.RAJESH, SC, HDFC BANK LTD.

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.33768 OF 2019(U)          2




                             JUDGMENT

An order under Section 102 Cr.P.C. issued by

Gurgaon Police Station in state of Haryana is under

challenge under this writ petition. It is an order

passed by a police station in the state of Haryana.

The same has to be challenged as per the lux fori

and lux loci. The mere fact that the amount

outstanding with a bank situated in Kerala will not

confer any jurisdiction to challenge the same

before this court. Without prejudice to the right

of parties to agitate their grievance as per the

lux fori and lux loci, the present writ petition

is hereby dismissed for want of jurisdiction.

The writ petition is dismissed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF EMAIL COMMUNICATION DATED 02-09-2019 SENT BY THE PETITIONER'S LAWYER ALONG WITH THE REPLY EMAIL COMMUNICATION DATED 04-09-2019 SENT BY THE 5TH RESPONDENT BANK.

EXHIBIT P2 A TRUE COPY OF EMAIL COMMUNICATION DATED 09-09-2019 SENT BY THE PETITIONER'S LAWYER ALONG WITH THE REPLY EMAIL COMMUNICATION DATED 20-09-2019 SENT BY THE 5TH RESPONDENT BANK.

EXHIBIT P3 A TRUE COPY OF THE LEGAL NOTICE DATED 10-

10-2019 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT BANK.

EXHIBIT P4 A TRUE COPY OF THE LEGAL NOTICE DATED 10-

10-2019 ISSUED BY THE PETITIONER TO 3RD AND 4TH RESPONDENTS POLICE AUTHORITIES OF HARYANA POLICE.

EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 24-10-2019 ISSUED BY THE 5TH RESPONDENT BANK TO PETITIONER'S COUNSEL.

EXHIBIT P6 A TRUE COPY OF NOTICE DATED 25-07-2019 ISSUED BY THE HARYANA POLICE UNDER SECTION 91 CRPC.

//TRUE COPY//

P.A TO JUDGE