State Of Kerala vs Kunal Dalmia Son Of Late Laxmi Niwas ...
2023 Latest Caselaw 12803 Ker

Kerala High Court

State Of Kerala vs Kunal Dalmia Son Of Late Laxmi Niwas ... on 8 December, 2023

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA,
                             1945
                     RP NO. 1275 OF 2023
  CRIME NO.1321/2022 OF Punalur Police Station, Kollam
  AGAINST THE ORDER/JUDGMENT WP(Crl.) 1033/2022 OF HIGH
                       COURT OF KERALA
REVIEW PETITIONERS/RESPONDENTS 1,2 & 4:

    1      STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR HIGHCOURT
           OF KERALA ERNAKULAM, PIN - 682031
    2      THE STATION HOUSE OFFICER PUNALUR POLICE
           STATION
           PUNALUR KOLLAM, PIN - 691303
    3      THE DEPUTY SUPERINTENDENT OF POLICE CRIME
           BRANCH ECONOMIC OFFENCES WING
           AGED 52 YEARS
           LINK ROAD ASRAMAM KOLLAM, PIN - 691001
           BY ADV GOVERNMENT PLEADER


RESPONDENTS/PETITIONER & RESPONDENT NO.3:

    1      KUNAL DALMIA SON OF LATE LAXMI NIWAS DALMIA
           CHAIRMAN AND DIRECTOR KAHM INDUSTRIES PRIVATE
           LIMITED FORMERLY LINDSAY TOWERS PRIVATE LIMITED
           HAVING OFFICE AT LINDSAY TOWERS 13 NELLIE
           SENGUPTA SARANI KOLKATA PIN, PIN - 700087
    2      NELSON SEBASTIAN SON OF JOSEPH SEBASTIAN
           AGED 66 YEARS
           SOUBHAGYAGIRI NEDUMKAYAM PUNALUR, PIN - 691305
           SRI.S.SREEKUMAR - SENIOR COUNSEL
           ADV.P.MARTIN JOSE
        THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 RP No.1275/2023
                                  ..2..



                 P.V.KUNHIKRISHNAN, JUDGE
             =========================
               Review Petition No.1275 of 2023
            ==========================
           Dated this the 8th day of December, 2023

                              ORDER

This Review Petition is filed to review the judgment dated

27.09.2023 in W.P.(Crl)No.1033/2022. The Review Petition is

filed by the State.

2. The main greivance of the review petitioners is that,

since it is submitted by the Public Prosecutor that the

investigation is over and the Police is ready to file final report,

the writ petitioner is not co-operating with the investigation.

According to the review petitioners, for finalising the

investigation co-operation of the writ petitioner is necessary.

3. The Senior Counsel - S.Sreekumar, instructed by

Sri.P.Martin Jose submitted that the writ petitioner will co-

operate with the investigation. If that is the case, nothing

survives in this Review Petition. If any notice is issued under

Section 41(A) of the CrPC, the writ petitioner will appear before

..3..

the officer concerned in accordance with law. If any specimen

handwriting of the writ petitioner is necessary, the Senior

Counsel submitted that the writ petitioner is ready to furnish

the same. The same is also recorded.

With the above observations, this Review Petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ACR