Kerala High Court
G. Unni Krishnan Nair, S/O Late Govinda ... vs State Of Kerala on 30 January, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(Crl).No.590/2024
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2025:KER:7373
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 30TH DAY OF JANUARY 2025 / 10TH MAGHA, 1946
WP(CRL.) NO. 590 OF 2024
CRIME NO.529/2022 OF Ernakulam Central Police Station,
Ernakulam
AGAINST IN SC NO.1612 OF 2023 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - VII, ERNAKULAM
PETITIONER/ACCUSED:
1 G. UNNI KRISHNAN NAIR, S/O LATE GOVINDA PILLAI
AGED 59 YEARS, MANAGING DIRECTOR (UNDER
SUSPENSION), KERALA HOUSING FINANCE LIMITED,
HAVING OFFICIAL ADDRESS AT PAN AFRICAN PLAZA,
M.G. ROAD, THIRUVANANTHAPURAM, RESIDING AT
MULLASSERIL HOUSE, CHATHANNUPUZHA, CHOORAKODE
P.O, PATHANAMTHITTA, PIN - 691581
2 KOMALA UNNIKRISHNAN, W/O G UNNI KRISHNAN NAIR
AGED 50 YEARS, DIRECTOR (UNDER SUSPENSION),
KERALA HOUSING FINANCE LIMITED, HAVING OFFICIAL
ADDRESS AT PAN AFRICAN PLAZA, MG ROAD,
THIRUVANANTHAPURAM, RESIDING AT MULLASSERIL
(HOUSE) CHATHANNUPUZHA, CHOORAKODE P.O,
PATHANAMTHITTA, PIN - 691581
3 KRISHNAN NAIR, S/O NARAYANA PILLAI, AGED 67 YEARS
DIRECTOR (UNDER SUSPENSION), KERALA HOUSING
FINANCE LIMITED, HAVING OFFICIAL ADDRESS AT PAN
AFRICAN PLAZA, MG ROAD, THIRUVANANTHAPURAM,
RESIDING AT VADAKKEKARA USHAS VEEDU,
VATTIYOOKAVU, PIN - 695013
4 PARAMESWARAN NAIR, S/O LATE P.M. VASUDEVAN
NAMBOOTRI
AGED 77 YEARS, DIRECTOR (UNDER SUSPENSION),
KERALA HOUSING FINANCE LIMITED, HAVING OFFICIAL
ADDRESS AT PAN AFRICAN PLAZA, MG ROAD,
THIRUVANANTHAPURAM, RESIDING AT PAZHOOR MANA,
GREEN CITY, KRISHNA NAGAR. KOLAZHY. THRISSUR, PIN
- 680010
BY ADVS. B.MOHANLAL
W.P.(Crl).No.590/2024
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P.S.PREETHA, ASWIN V. NAIR, KARTHIK J SEKHAR
ABIJITH M., JAYAPRABHA ARJUN
BLESSY MARY SEBASTIAN
PRAVEENA T.
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
ERNAKULAM CENTRAL POLICE STATION, PACHALAM P.O,
ERNAKULAM, PIN - 682018
3 C.K. VARGHESE, S/O KURIAKOSE
AGED 69 YEARS
RESIDING AT CHIRAPPATTU HOUSE, PANGARAPPILLY P.O,
MULANTHURUTHY, ERNAKULAM, PIN - 682314
**ADDL R4 ADDL.R4.STATE OF KERALA, REPRESENTED BY THE
PRINCIPAL SECRETARY TO GOVERNMENT
HOME DEPARTMENT(POLICE), SECRETARIAT,
THIRUVANANTHAPURAM - 695001
**ADDL.R4 IMPLEADED VIDE ORDER DATED 26/06/2024
IN IA 1/24.
**ADDL R5 ADDL.R5. THE STATE POLICE CHIEF
POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695014.
**ADDL.R5.IMPLEADED VIDE ORDER DATED 26/06/2024
IN IA 1/2024.
*ADDL R6 ADDL.R6.THE HIGH COURT OF KERALA
REPRESENTED BY ITS REGISTRAR (DISTRICT
JUDICIARY), HIGH COURT BUILDINGS, KOCHI 682031
*ADDL.R6 IMPLEADED VIDE ORDER DATED 21/08/2024 IN
IA 2/24.
BY ADVS. C.G.PREETHA ADDL R6
SRI. M.P. PRASANTH, PP
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 30.01.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl).No.590/2024
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JUDGMENT
The petitioners are the accused in 478 criminal cases
filed against them under the BUDS Act and also under the IPC.
The prayer in this writ petition is to transfer all the cases to one
of the designated courts under the BUDS Act in Kerala.
2. I have heard Sri. Mohanlal B, the learned
counsel for the petitioners, Sri. M.P. Prasanth, the learned Public
Prosecutor and Smt. C.G. Preetha, the learned counsel for the
additional 6th respondent.
3. This Court has impleaded the High Court of
Kerala as additional 6th respondent to ascertain the feasibility of
transferring all the cases to one designated court. The
additional 6th respondent has filed a counter statement. In the
counter statement it is stated that in all the districts the
designated courts are established. It is further stated that all
the designated courts are flooded with cases. So it is not
practically possible to transfer all the cases of the petitioners to
one designated court. Hence, the prayer sought for cannot be
granted. Accordingly, the original petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2025:KER:7373
APPENDIX OF WP(CRL.) 590/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED
18.09.2019 IN TIBA/10/KOB/2019 &
TIBA/31/KOB/2019 OF THE LEARNED NCLT,
CHENNAI
Exhibit P2 THE TRUE COPY OF THE FIR IN CRIME NO:
529/2022 DATED 08/05/2022 REGISTERED BY
THE 2ND RESPONDENT AGAINST THE
PETITIONERS
Exhibit P3 THE TRUE COPY OF THE FINAL REPORT DATED
13/09/2023 FILED BY THE 2ND RESPONDENT
BEFORE THE LEARNED ADDITIONAL DISTRICT &
SESSIONS COURT-VII, ERNAKULAM
Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS DATED
30/10/2023 AND 11/12/2023 IN SC NO:
1612/2023 PENDING BEFORE THE LEARNED
ADDITIONAL DISTRICT AND SESSIONS COURT-
VII, ERNAKULAM
Exhibit P5 THE LIST OF THE SIMILAR COMPLAINTS FILED
BY THE DEPOSITORS AND THEIR CONCERNED
CRIME/SC NUMBERS ALONG WITH THE
CONCERNED DISTRICT COURT AND POLICE
STATION
Exhibit P6 A TRUE COPY OF THE DETAILS DISCLOSED IN
THE WEBSITE OF INSOLVENCY & BANKRUPTCY
BOARD OF INDIA DATED NIL
Exhibit P7 THE TRUE COPY OF THE PROCEEDINGS IN CC
NO: 114/2022 PENDING BEFORE LEARNED
CHIEF JUDICIAL MAGISTRATE COURT,
ALAPPUZHA AND IN SC NO: 1612/2024
PENDING BEFORE LEARNED ADDITIONAL
DISTRICT AND SESSIONS COURT-VII,
ERNAKULAM
Exhibit P8 THE TRUE COPY OF THE NOTIFICATION DATED
NIL ISSUED BY THE GOVERNMENT NOTIFYING
THE SPECIAL COURTS UNDER THE BUDS ACT
Exhibit P9 THE TRUE COPY OF THE GOVERNMENT ORDER IN
G.O(RT)NO: 112/2024/HOME DATED
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16/05/2024 ISSUED BY THE HOME (C)
DEPARTMENT
Exhibit P10 THE TRUE COPY OF THE ABOVE ORDER DATED
12.04.2024 IN OP(CRL)NO.329/2024 OF THIS
HON'BLE COURT
RESPONDENT EXHIBITS
EXHIBIT R6(a) The true copy of the Notification G.O.
(Rt).No 2959/2020/Home dated 22.12.2020
PETITIONER EXHIBITS
Exhibit P11 THE TRUE COPY OF THE ORDER DATED
21/10/2024 IN CRL.M.P.NO:6389/2024 IN
S.C.NO:757/2023 OF THE III ADDITIONAL
SESSIONS JUDGE, THRISSUR
Exhibit P12 THE TRUE COPY OF THE ORDER DATED
21/10/2024 IN CRL.M.P.NO:6377/2024 IN
S.C.NO:822/2023 OF THE III ADDITIONAL
SESSIONS JUDGE, THRISSUR
Exhibit P13 THE TRUE COPY OF THE ORDER DATED
21/10/2024 IN CRL.M.P.NO:6379/2024 IN
S.C.NO:823/2023 OF THE III ADDITIONAL
SESSIONS JUDGE, THRISSUR
Exhibit P14 THE TRUE COPY OF THE ORDER DATED
21/10/2024 IN CRL.M.P.NO:6381/2024 IN
S.C.NO:824/2023 OF THE III ADDITIONAL
SESSIONS JUDGE, THRISSUR
Exhibit P15 THE TRUE COPY OF THE ORDER DATED
21/10/2024 IN CRL.M.P.NO:6383/2024 IN
S.C.NO:825/2023 OF THE III ADDITIONAL
SESSIONS JUDGE, THRISSUR
Exhibit P16 THE TRUE COPY OF THE ORDER DATED
21/10/2024 IN CRL.M.P.NO:6385/2024 IN
S.C.NO:826/2023 OF THE III ADDITIONAL
SESSIONS JUDGE, THRISSUR
Exhibit P17 THE TRUE COPY OF THE ORDER DATED
21/10/2024 IN CRL.M.P.NO:6387/2024 IN
S.C.NO:901/2023 OF THE III ADDITIONAL
SESSIONS JUDGE, THRISSUR
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Exhibit P18 THE TRUE COPY OF THE ORDER DATED
21/10/2024 IN CRL.M.P.NO:6391/2024 IN
S.C.NO:969/2023 OF THE III ADDITIONAL
SESSIONS JUDGE, THRISSUR
Exhibit P19 THE TRUE COPY OF THE ORDER DATED
21/10/2024 IN CRL.M.P.NO:6393/2024 IN
S.C.NO:970/2023 OF THE III ADDITIONAL
SESSIONS JUDGE, THRISSUR
Exhibit P20 THE TRUE COPY OF THE ORDER DATED
21/10/2024 IN CRL.M.P.NO:6395/2024 IN
S.C.NO:971/2023 OF THE III ADDITIONAL
SESSIONS JUDGE, THRISSUR
Exhibit P21 THE TRUE COPY OF THE ORDER DATED
21/10/2024 IN CRL.M.P.NO:6397/2024 IN
S.C.NO:972/2023 OF THE III ADDITIONAL
SESSIONS JUDGE, THRISSUR
Exhibit P22 THE TRUE COPY OF THE ORDER DATED
01/12/2022 IN W.P.(C)NO:4998/2021 OF
THIS HON'BLE COURT
Exhibit P23 THE TRUE COPY OF THE APPLICATION DATED
18/11/2024 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 4TH RESPONDENT AND
ITS POSTAL RECEIPT DATED 20/11/204
Exhibit P24 THE TRUE COPY OF THE APPLICATION DATED
18/11/2024 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 6TH RESPONDENT AND
ITS POSTAL RECEIPT DATED 20/11/2024
