K.R.Sureshkumar vs Detective Inspector-I
2021 Latest Caselaw 8270 Ker

Citation : 2021 Latest Caselaw 8270 Ker
Judgement Date : 12 March, 2021

Kerala High Court

K.R.Sureshkumar vs Detective Inspector-I on 12 March, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                       WP(C).No.5962 OF 2021(U)


PETITIONER:

               K.R.SURESHKUMAR
               AGED 53 YEARS
               PROPRIETOR, M/S. KALLADA TOURS AND TRAVELS, S/O.LATE
               RAMAKRISHNAN, KALLADA HOUSE, HILL ROAD, IRINJALAKKUDA
               NORTH P.O, THRISSUR DISTRICT-680 125

               BY ADVS.
               SRI.G.HARIHARAN
               SRI.PRAVEEN.H.
               SMT.K.S.SMITHA
               SRI.V.R.SANJEEV KUMAR

RESPONDENTS:

      1        DETECTIVE INSPECTOR-I
               CRIME BRANCH CENTRAL UNIT II, THRIPUNITHURA,
               ERNAKULAM-682 301

      2        THE JOINT REGIONAL TRANSPORT OFFICER,
               IRINJALAKKUDA-680 121

      3        THE TRANSPORT COMMISSIONER,
               TRANS TOWERS, VAZHUTHACAUD,
               THIRUVANANTHAPURAM-695 014

      4        THE REGIONAL TRANSPORT OFFICER,
               PUDUCHERRY, PIN-605 001


OTHER PRESENT:

               ADV.P.RAVINDRANATH (SPL.GP.TAXES)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C)NO.5962 OF 2021
                                        2




                               JUDGMENT

Dated this the 12th day of March 2021

The writ petition is filed, aggrieved by Exts. P11

and P12, the notices under Sections 41A & 91 of

Cr.P.C. issued to the petitioner, requiring his presence

before the Investigating Officer with the original

documents and his vehicle, an Audi Sedan Motor Car

bearing registration number PY-01-BS-2000. The

notices have been issued as part with the

investigation in Crime No.03/CB/CU-II/EKM/2018

under Sections 464, 465, 468, 471 & 420 read with

Section 34 of I.P.C.

2. The allegation is of the petitioner having

registered his vehicle at Pondicherry on the strength

of forged documents. The petitioner contends that he

has an office at Pondicherry and going by Section 40

of the Motor Vehicles Act, a person having business at

a particular place is entitled to get his vehicle

registered there. Shri. Ravindranath, learned Special W.P(C)NO.5962 OF 2021

Government Pleader (Taxes), refuted the contentions

and submitted that the vehicle was purchased from

Kerala and is insured in Kerala, the loan for

purchasing the vehicle was availed from Kerala and

even the periodical service of the vehicle is being

done at service centres in Kerala. It is contented that

the only purpose behind registering the vehicle at

Pondicherry is evasion of tax.

3. The short question to be considered is,

regarding the petitioner's liability to appear before the

Investigating Officer with his vehicle and its

documents, in compliance of the directions in

Exts.P11 and P12 notices. Having heard the learned

Counsel, I find no reason to interfere with the

directions contained in the notice. Learned Counsel

for the petitioner submitted that the petitioner is

ready and willing to appear before the Investigating

Officer with the original documents of the vehicle and

that, for the time being, he may be exempted from

producing the vehicle.

W.P(C)NO.5962 OF 2021

The writ petition is hence disposed of, directing

the petitioner to appear before the Investigating

Officer on a future date to be intimated and to

produce the original documents pertaining to the

temporary and permanent registration of his vehicle

bearing registration number PY-01-BS-2000. The

petitioner is at liberty to request the Investigating

Officer to exempt him from producing the vehicle for

a specified time. On such request being made, the

same shall be considered by the Investigating Officer

and appropriate decision taken. The observations in

this judgment will not prejudice the petitioner from

challenging the criminal proceedings, if so required.

The writ petition is disposed of accordingly.

Sd/-

V.G.ARUN

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TAX INVOICE DATED 09.06.2012 FOR RS. 66,75,595/- FOR THE PURCHASE OF AUDI SEDAN MOTOR CAR ISSUED BY M/S. AUDI KOCHI.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF CAR BEARING REGISTRATION NO. PY-01BS-2000 REGISTERED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF CAR NO. KL-45M-2000

EXHIBIT P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 23.11.2017 ISSUED BY THE 2ND RESPONDENT ADDRESSED TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE OBJECTION DATD 04.12.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE MEMO DATED 18.12.2017 SENT BY THE 2ND RESPONDENT ADDRESSED TO THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE LABOUR OFFICER (ENFORCEMENT), PUDUCHERRY RENEWED ON 21.04.2017 IN THE NAME OF THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO. 13/2014 DATED 17.09.2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE COMMON JUDGMENT MADE IN W.P.C NO. 16465/2018 DATED 16.07.2019.

EXHIBIT P10 TRUE COPY OF COMMON JUDGMENT MADE IN W.A.

NO. 2492/2019 DATED 19.01.2020.

EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 26.02.2021 ISSUED U/S.41A OF THE CR. P.C. ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER.

EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 26.02.2021 ISSUED U/S. 91 OF THE CR.P.C. ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE