M/S.Kshema Power And ... vs State Of Kerala
2022 Latest Caselaw 5375 Ker

               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

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

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.