Kerala High Court
Mani K.M vs Station House Officer, Nallalam Police ... on 4 June, 2025
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:39145
WP(CRL.) NO. 409 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(CRL.) NO. 409 OF 2024
CRIME NO.0/0 OF Nallalam Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.824 OF 2021
OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE , ERNAKULAM
PETITIONER/S:
1 MANI K.M.,
AGED 70 YEARS
S/O.K.J.MANI, PROPRIETOR, BLESSING TRADERS LTD.,
KUZHIMATTATHIL HOUSE, VELLASSERY, POOLACODE,
KOZHIKODE DISTRICT, PIN - 673601
2 CELINE MUTHAKKATTUPARA
AGED 63 YEARS
W/O. MANI K.M., KUZHIMATTATHIL HOUSE, VELLASSERY,
POOLACODE, KOZHIKODE DISTRICT, PIN - 673601
BY ADVS.
SRI.RAJU SEBASTIAN VADAKKEKKARA
SRI.S.KRISHNA KUMAR (MANGALAM)
SHRI.SABAD K.H.
SHRI.SANTHOSH BHASKARAN NAIR
SHRI.BERTRAND BASIL
SMT.RIFSA REBAIE
SHRI.ARUN E.A
SHRI.NITHIN KRISHNAN
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WP(CRL.) NO. 409 OF 2024
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RESPONDENT/S:
1 STATION HOUSE OFFICER, NALLALAM POLICE STATION
N.H.17, NEAR POPULAR HUNDAI, KOZHIKODU, PIN -
673027
2ADDL.R3. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
ADDL.R3. BAJAJ FINANCE LTD,
REPRESENTED BY ITS AUTHORISED OFFICER
D.D. TRADE TOWERS, 3RD FLOOR, KALOOR,
KADAVANTHARA ROAD (K.K.ROAD), COCHIN -682018
IMPLEADED VIDE ORDER DATED 06/06/2024 IN IA 1/24
BY ADVS.
SRI.PRADEESH CHACKO
SHRI.ANIL MADATHIMALIL
OTHER PRESENT:
SR PP SRI C S HRITHWIK
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 409 OF 2024
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P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(Crl.).No.409 of 2024
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Dated this the 04th day of June, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. To direct the S.H.O. Nallalam not to take any
coercive steps against the petitioners on the basis
of Ext-P5 attachment notice issued against the
petitioners by the 5th Metropolitan Magistrate
Court, Calcutta, till the 2nd respondent provided a
calculation Statement to the petitioners regarding
the property surrendered by the petitioners and to
fix the final liability of the petitioners.
ii. To declare that, the 5th Metropolitan Magistrate
Court, Calcutta had no jurisdiction to proceed
against the petitioners in a criminal case registered
under Section 420 and 406 with regard to a loan
transaction in Kerala.
iii. To direct the 2nd respondent finance company to
determine the final liability of the petitioners and
the balance amount due to them after the voluntary
surrendering of the mortgaged property to them on
29.1.2023 by the petitioners.
iv. To grant such other appropriate order or directions
as may be deemed fit and necessary in the facts and
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WP(CRL.) NO. 409 OF 2024
circumstances of the case as this Hon'ble Court
deems fit in the interest of justice.
v. Allow this petition with costs.
vi. To dispense with the production of vernacular
documents.
(SIC)
2. The first prayer is to issue a direction to the Station
House Officer, Nallalam not to take any coercive steps against
the petitioners on the basis of Ext.P5 attachment notice issued
by the 5th Metropolitan Magistrate Court, Calcutta, till the 2 nd
respondent provide a calculation statement. I am of the
considered opinion that when an attachment order is passed by
a competent Judicial Magistrate of Calcutta, this Court need not
interfere with the same. If the petitioners are aggrieved by the
same, there are remedies to the petitioners as per the Code of
Criminal Procedure to approach the competent court in
accordance with law. This Court need not entertain such a
prayer.
3. The second prayer is to declare that, the 5th
Metropolitan Magistrate Court, Calcutta had no jurisdiction to
proceed against the petitioners in a criminal case registered
under Section 420 and 406 with regard to a loan transaction in
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WP(CRL.) NO. 409 OF 2024
Kerala. As I mentioned earlier, the High Court of Kerala has no
jurisdiction to declare that a Magistrate Court situated in
Calcutta has no jurisdiction. Therefore the second prayer is also
not maintainable.
4. The third prayer is to issue a direction to the 2nd
respondent finance company to determine the final liability of
the petitioners and the balance amount due to them. The 2nd
respondent is not a finance company, but the State of Kerala.
The counsel for the petitioners submitted that it is the 3 rd
respondent. The 3rd respondent is the Bajaj Fiance Limited. It
is a private limited company, which will not come within the
definition of State and therefore, this Court has no jurisdiction
to issue a direction to the 3rd respondent invoking the powers
under Article 226 of the Constitution of India.
Therefore, the prayers in this writ petition are not
maintainable. The writ petition is dismissed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
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WP(CRL.) NO. 409 OF 2024
APPENDIX OF WP(CRL.) 409/2024
PETITIONER EXHIBITS
Exhibit - P1 TRUE COPY OF THE PAYMENT DETAILS FROM 2-7-
2016 TO 3-2-2020 REMITTED IN THE FIRST
LOAN ACCOUNT BY THE PETITIONERS
Exhibit - P2 TRUE COPY OF THE NOTICE DATED 12-1-2023,
ISSUED BY THE ADVOCATE COMMISSIONER,
AKHILA S.NAIR.
Exhibit - P3 TRUE COPY OF THE DOCUMENT DATED 29-1-2023,
WRITTEN AND SIGNED BY THE 1ST PETITIONER
AND THE ADVOCATE COMMISSIONER.
Exhibit - P4 TRUE COPY OF THE CRIMINAL COMPLAINT
NUMBERED AS CC 824/2021, FILED BY THE 2ND
RESPONDENT FINANCE COMPANY AGAINST THE
PETITIONERS AND PENDING BEFORE THE
ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT, ERNAKULAM.
Exhibit - P4(a) TRUE COPY OF THE CRIMINAL COMPLAINT
NUMBERED AS C.C.NO.492/2022, FILED BY THE
2ND RESPONDENT FINANCE COMPANY AGAINST THE
PETITIONERS AND PENDING BEFORE THE
ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT, ERNAKULAM.
Exhibit - P4(b) TRUE COPY OF THE CRIMINAL COMPLAINT
NUMBERED AS S.T.NO.264/2022, FILED BY THE
2ND RESPONDENT FINANCE COMPANY AGAINST THE
PETITIONERS AND PENDING BEFORE THE
ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT, ERNAKULAM.
Exhibit - P5 TRUE COPY OF ATTACHMENT ORDER ISSUED BY
THE METROPOLITAN MAGISTRATE, 5TH COURT,
CULCUTTA, ISSUED TO THE 1ST PETITIONER'S
WHATSAP NUMBER, THROUGH S.H.O. NALLALAM
POLICE STATION, KOZHIKODE, DTD.
31/01/2024.
Exhibit - P6 TRUE COPY OF DISCHARGE SUMMARY OF THE 1ST
PETITIONER, ISSUED BY K.M.C.T.HEART
INSTITUTE, KOZHIKODE, DTD. 24/01/2024.
