Kerala High Court
Sharshad Baniyandy Alias Muhammed ... vs Union Of India on 4 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:39381
WP(CRL.) NO. 848 OF 2023
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. 848 OF 2023
CRIME NO.0/0 OF ,
PETITIONER/S:
SHARSHAD BANIYANDY ALIAS MUHAMMED SHARSHAD
BANIYANDY
AGED 48 YEARS
S/O OF ABDULLAH E-5204, APPASWAMY TRELLIS, 184,
N.S.K. SALAI, VADAPALANI CHENNAI, PIN - 600026
BY ADVS.
SRI.R.KRISHNA RAJ
SRI.R.PRATHEESH (ARANMULA)
SMT.E.S.SONI
RESPONDENT/S:
1 UNION OF INDIA
DEPARTMENT OF FINANCE MINISTRY OF FINANCE,
DEPARTMENT OF EXPENDITURE, ROOM NO. 168-C NEW
DELHI, PIN - 110001
2 INCOME TAX DEPARTMENT
CENTRAL REVENUE BUILDING, 2ND FLOOR, I S PRESS
ROAD, KACHERIPPADY, ERNAKULAM REPRESENTED BY ITS
COMMISSIONER, PIN - 682018
3 ASSISTANT DIRECTOR
DIRECTORATE OF ENFORCEMENT COCHIN ZONAL OFFICE,
GOVERNMENT OF INDIA, KANOOS CASTLE, A.K. SESHADRI
ROAD COCHIN, PIN - 682011
2025:KER:39381
WP(CRL.) NO. 848 OF 2023
2
4 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF HOME KERALA GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
5 STATE POLICE CHIEF (DIRECTOR GENERAL OF POLICE)
POLICE HEAD QUARTERS THIRUVANANTHAPURAM, PIN -
695013
6 CIRCLE INSPECTOR OF POLICE
KANNUR CITY POLICE STATION, KANNUR, PIN - 670023
7 CIRCLE INSPECTOR OF POLICE
PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA,
PIN - 689645
8 RAJESH KRISHNA PILLAI
S/O. T.G. KRISHNA PILLAI THOTTATHIL HOUSE,
ELANTHOOR EAST P.O. PATHANAMTHITTA, PIN - 689643
BY ADVS.
SHRI.JAISHANKAR V.NAIR, SC, ENFORCEMENT
DIRECTORATE
PUBLIC PROSECUTOR
DIRECTOR GENERAL OF PROSECUTION
SHRI.P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:39381
WP(CRL.) NO. 848 OF 2023
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(Crl.).No.848 of 2023
----------------------------------------------
Dated this the 04th day of June, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. direct respondents 1 to 7 to take appropriate action
in Exhibits.P-9, P-10, P-12, P-13, P-14 and P-15
complaints filed by the petitioner and direct the
police as well as Income Tax Department and
Enforcement Directorate to initiate investigations
against the 8th respondent by the issue of a writ of
mandamus or such other writ or order or direction.
ii. petitioner also prays that this Honourable court
may pleased to dispense with the translation of the
vernacular documents produced in the vernacular
language.
(SIC)
2. The main prayer in this writ petition is to issue a
direction to respondents 1 to 7 to take appropriate action in
Exts.P9, P10, P12, P13, P14 and P15 complaints filed by the
petitioner and direct the police as well as Income Tax
Department and Enforcement Directorate to initiate
2025:KER:39381
WP(CRL.) NO. 848 OF 2023
investigation against the 8th respondent by the issue of a writ of
mandamus or such other writ or order or direction.
Respondents 1 to 7 in this writ petition are Union of India,
Income Tax Department, Directorate of Enforcement, State
Police Chief and other Police authorities.
3. The Public Prosecutor submitted that the
investigation based on the complaint of the petitioner was
conducted and only a non-cognizable offence is made out and
therefore further action is taken. The counsel for the
Enforcement Directorate submitted that there is no schedule
offence and therefore, the Enforcement Directorate is not in a
position to take appropriate action. In such circumstances, this
Court need not entertain this writ petition. If the petitioner is
still aggrieved, he can approach the jurisdictional court.
Granting liberty to the petitioner to approach the
jurisdictional court in accordance with law, this writ petition is
disposed of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
2025:KER:39381
WP(CRL.) NO. 848 OF 2023
APPENDIX OF WP(CRL.) 848/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE LAWYER NOTICE DATED
20.4.2022
Exhibit P-2 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE CPM DATED 21.03.2022
Exhibit P-3 TRUE COPY OF THE LETTER OF THE MINISTRY OF
HOME AFFAIRS DATED 29.11.2019
Exhibit P-4 TRUE COPY OF THE LETTER OF THE MINISTRY OF
HOME AFFAIRS DATED 15.07.2020
Exhibit P-5 TRUE COPY OF THE LETTER OF THE MINISTRY OF
HOME AFFAIRS DATED 26.10.2021
Exhibit P-6 TRUE COPY OF THE PROCEEDINGS OF THE TAMIL
NADU POLICE DEPARTMENT RC.NO.E-1242270/SEC
LIC/2020 DATED 04.04.2022
Exhibit P-7 TRUE COPY OF THE ADJUDICATION ORDER
NO.ROC/ADJ/12(1)(2)(3)/2023 DATED 26.06.2023
Exhibit P-8 TRUE COPY OF THE EMERGENCY CARD NO. 129471
ISSUED BY THE HOSPITAL DATED 5.4.2022
Exhibit P-9 TRUE COPY OF THE POLICE INTIMATION LETTER SL
NO.852 ISSUED BY THE HOSPITAL DATED 5.4.2022
Exhibit P-10 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER TO THE POLICE DATED 6.4.2022
Exhibit11 TRUE COPY OF THE RECEIPT ISSUED BY THE
POLICE DATED 6.4.2022
Exhibit P-12 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER THROUGH THE PORTAL OF THE POLICE
DEPARTMENT DATED 04.09.2021
ExhibitP-13 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE SUPERINTENDENT OF
POLICE DATED 16.11.2021
ExhibitP-14 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT DATED
12.07.2023
Exhibit P-15 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
07.08.2023
