Kerala High Court
K.K Nassar vs Director General Of Police on 26 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 14465 OF 2023
PETITIONERS:
1 K.K NASSAR, AGED 52 YEARS, S/O KUNJU MUHAMMED,
KARIMAKKATTU HOUSE MEKALADY KARA, KALADY VILLAGE,
ERNAKULAM- 683574, PIN - 683574
2 SINTHIL K.M, AGED 43 YEARS
S/O K.V MOHANAN, KUZHIYANVELIYIL HOUSE OKKAL KARA,
ERNAKULAM- 683550, PIN - 683550
BY ADVS.
THOMAS J.ANAKKALLUNKAL
VIJAY V. PAUL
JAYARAMAN S.
LITTY PETER
ANUPA ANNA JOSE KANDOTH
MELBA MARY SANTHOSH
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR
GENERAL AND POLICE VELLAYAMBALAM- VAZHUTHACAUD ROAD
ALTHARA JUNCTION, VAZHUTHACAUD, THIRUVANANTHAPURAM-
695010, PIN - 695010
2 SUPERINTENDENT OF POLICE, THRISSUR, KALYAN NAGAR,
AYYANTHOLE, THRISSUR- 680003, PIN - 680003
3 STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION
PERUMBAVOOR POLICE STATION, ERNAKULAM- 683542, PIN
- 683542
4 STATION HOUSE OFFICER, PAZHAYANNUR POLICE STATION
PAZHAYANNUR POLICE STATION, PAZHAYANNUR POLICE
STATION, THRISSUR CITY- 680587, PIN - 680587
5 ASSISTANT COMMISSIONER OF POLICE, KUNNAMKULAM
THRISSUR ROAD, NEAR TALUK HOSPITAL, KUNNAMKULAM,
THRISSUR- 680503, PIN - 680503
6 ABDURAHIMAN C.T, AGED 41 YEARS, S/O ABDUL AZEEZ,
VALIYA PEEDIKAYIL MUNDAKUNDIL THEKKE THRIKKARIPPUR
VILLAGE, METTAMMAL DESHAM, ELAMBACHI P.O HOSDURG
TALUK, KASARAGOD- 671311
W.P(C)No.14465/2023 2
BY ADVS.
M.P.SHAMEEM AHAMED
AKHIL PHILIP MANITHOTTIYIL(K/001377/2020)
OTHER PRESENT:
SRI. RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C)No.14465/2023 3
P. V. KUNHIKRISHNAN, J.
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W.P(C).No.14465 of 2023
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Dated this the 26th day of July, 2023
JUDGMENT
The above writ petition is filed with the following prayers:
i) Declare that the dispute is of civil nature and
Respondents 4 and 5 are not entitled to harass the
Petitioners;
ii) Issue a writ of mandamus commanding
Respondents 4 and 5 and their subordinates to not to
harass the Petitioners;
iii) To pass such other orders, writs or directions as
this Hon'ble Court deems fit to grant in the facts and
circumstances of the case.
2. When this writ petition came up for consideration on
25.04.2023, this Court passed the following order:
'The learned Government Pleader takes notice for
respondents 1 to 5. Urgent notice to the 6th respondent.
There will be an interim order restraining
respondents 4 and 5 from interfering in any civil disputes
between the petitioner and the 6th respondent.'
3. Thereafter, on 12.07.2023 this Court passed the following
order:
'Interim order dated 25/04/23 will continue, but I
make it clear that if any criminal offence is made out
against the petitioner, police is free to proceed in
accordance with law.
Post on 01/08/2023.'
4. Today, when this writ petition came up for consideration,
learned Government Pleader submitted that there will not be any
police harassment from the side of the police. The same is recorded.
If that is the case, the interim order dated 25.04.2023 can be made
absolute. I make it clear that if there is any criminal offence made
out against the petitioner, the police can register case and proceed in
accordance to law. If the presence of the petitioner is necessary in
connection with that case, a notice under Section 41A Cr.P.C. should
be issued to the petitioner.
With these observations, this writ petition is closed recording
the orders dated 25.04.2023 and 12.07.2023.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
APPENDIX OF WP(C) 14465/2023
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE INCORPORATION CERTIFICATE OF
THE JAMS GRANITES PRIVATE LIMITED
Exhibit P2 COPY OF THE MASTER COMPANY DATA
REFLECTING THE NAME OF THE DIRECTORS
Exhibit P3 COPY OF THE LATEST BALANCE SHEET OF JAMS
GRANITES PRIVATE LIMITED (FOR THE
FINANCIAL YEAR 21 - 22)
Exhibit P4(a) THE FORM SH-4S FOR THE ABOVE TRANSFERS
Exhibit P4(b) THE FORM SH-4S FOR THE ABOVE TRANSFERS
Exhibit P4(c) THE FORM SH-4S FOR THE ABOVE TRANSFERS
Exhibit P5(a) COPY OF THE BALANCE SHEET FOR THE YEARS
2015-2016
Exhibit P5(b) COPY OF THE BALANCE SHEET FOR THE YEARS
2018-2019
Exhibit P6 COPY OF THE FORM MGT 7 FOR THE YEAR
2015-2016 AND THE ATTACHMENT REFLECTING
THE SHAREHOLDING
Exhibit P7 COPY OF THE FORM MGT 7 FOR THE YEAR
2016-2017 AND THE ATTACHMENT REFLECTING
THE SHAREHOLDING
Exhibit P8 COPY OF THE FORM NO. MGT 7 FOR THE YEAR
2017-2018 AND THE ATTACHMENT REFLECTING
THE SHAREHOLDING
Exhibit P9 COPY OF THE MGT 7 FOR THE YEAR 2018-2019
AND THE ATTACHMENT REFLECTING THE
SHAREHOLDING
Exhibit P10 COPY OF THE MGT 7 FOR THE YEAR 2019-2020
AND THE ATTACHMENT REFLECTING THE
SHAREHOLDING
Exhibit P11 COPY OF THE MGT 7 FOR THE YEAR 2020-2021
AND THE ATTACHMENT REFLECTING THE
SHAREHOLDING
Exhibit P12 COPY OF THE MGT 7 FOR THE YEAR 2021-2022
AND THE ATTACHMENT REFLECTING THE
SHAREHOLDING
Exhibit P13 COPY OF THE LEGAL NOTICE DATED
16.12.2022
Exhibit P14 COPY OF THE RESPONSE DATED 15.02.2023 TO
THE LEGAL NOTICE DATED 16.12.2022
RESPONDENT EXHIBITS
Exhibit R6 (a) Copy of the Balance Sheet of the Company
for the year ending 31.03.2015
PETITIONER EXHIBITS
Exhibit P15 COPY OF THE UNDATED CIRCULAR NO. 04/2012
ISSUED BY THE STATE POLICE CHIEF, KERALA
RESPONDENT EXHIBITS
Exhibit R6 (b) Copy of the balance sheet filed for the
year ending 31.03.2016
Exhibit R6 (c) Copy of the balance sheet filed for the
year ending 31.03.2019
Exhibit R6 (d) Copy of the complaint filed before the
4th Respondent
Exhibit R6 (e) Copy of acknowledgment given for the
receipt of complaint by 5th Respondent
Exhibit R6 (f) Copy of the resignation letter dated
1.03.2018 in the name of 6th Respondent
uploaded by the Petitioners on the MCA
portal
