Kerala High Court
Muhammed Shahir Salim vs Union Of India on 26 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.744 of 2025
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2025:KER:46946
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
WP(CRL.) NO. 744 OF 2025
PETITIONER(S):
MUHAMMED SHAHIR SALIM
AGED 32 YEARS
SON OF SALIM, RESIDING AT TC 46/25, PPRA-II,
PALLY STREET, POONTHURA PO, THIRUVANANTHAPURAM,
PIN - 695026
BY ADVS.
SHRI. AKASH S.
SHRI. GIRISH KUMAR M S
SMT.RICHU THERESA ROBERT
RESPONDENT(S):
1 UNION OF INDIA
REPRESENTED BY THE JOINT SECRETARY, MINISTRY OF
HOME AFFAIRS, NORTH BLOCK, NEW DELHI,
PIN - 110001
2 THE PRINCIPAL SECRETARY
DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
3 STATE POLICE CHIEF
POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
4 STATION HOUSE OFFICER
W.P.(Crl.).No.744 of 2025
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DHOOMANGANJ POLICE STATION, PRAYAGRAJ, KANPUR-
ALLAHABAD HIGHWAY, SULEM SARAI, DHOOMANGANJ,
UTTAR PRADESH, PIN - 211011
5 STATION HOUSE OFFICER
BAISHNABNAGAR POLICE STATION, BAISHNABNAGAR
ROAD, MALDA DISTRICT, WEST BENGAL, PIN - 732210
6 STATION HOUSE OFFICER
PARNASHREE POLICE STATION, UPEN BANERJEE RD,
PARNASREE PALLI, BEHALA, KOLKATA, WEST BENGAL,
PIN - 700060
7 STATION HOUSE OFFICER
NEHRU NAGAR POLICE STATION, 108-A/B, KEDARNATH
TEMPLE RD, KURLA, MUMBAI, MAHARASHTRA, PIN -
400024
8 STATION HOUSE OFFICER
CENTRAL CYBER CRIME POLICE STATION, PAKALWADA,
BIDAR, KARNATAKA, PIN - 585401
9 STATION HOUSE OFFICER
YESHWANTHAPURA POLICE STATION, 9TH CROSS RD,
ASHOKAPURAM, MAHALAKSHMI LAYOUT, BENGALURU,
KARNATAKA, PIN - 560022
0 STATION HOUSE OFFICER
WHITE FIELD CENTRAL POLICE STATION, NO 6/2
KAMALAMMA BUILDING, WHITE FIELD BANGALORE,
KARNATAKA, PIN - 560066
11 STATION HOUSE OFFICER
UDAIPUR POLICE STATION, MAIN ROAD, HIRAN MAGRI,
UDAIPUR, RAJASTHAN, PIN - 313002
12 STATION HOUSE OFFICER
ISANPUR ROAD POLICE STATION, BASANT NAGAR,
MANINAGAR, AHMEDABAD, GUJARAT, PIN - 380028
13 STATION HOUSE OFFICER
CITY POLICE STATION, JALARAM RD, IRRIGATION
COLONY, KAPADIA CHAL, VALSAD, GUJARAT,
PIN - 396001
W.P.(Crl.).No.744 of 2025
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14 STATION HOUSE OFFICER
BAG SEVANIA POLICE STATION, BAGSEWANIA MAIN
ROAD, HABIB GANJ, BHOPAL, MADHYA PRADESH,
PIN - 462026
15 STATION HOUSE OFFICER
VANCHIYOOR POLICE STATION, VANCHIYOOR RD,
VANCHIYOOR, THIRUVANANTHAPURAM, KERALA,
PIN - 695035
16 IQBAL DESHAMANGALAM MAMMYNHI
SON OF SHAFI DESHAMANGALAM MAMMYNHI, NO. MP
111/126, DESHAMANGALAM HOUSE', BEDRADK (P.O),
KASARAGOD, PIN - 671124
BY ADV. SHRI.SHYAMDEEP S.SHENOY, CGC
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 26.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(Crl.).No.744 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) No.744 of 2025
-------------------------------
Dated this the 26th day of June, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the
following reliefs:
"i) issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
respondents 4 to 14 not to harass the petitioner,
over telephone or otherwise;
ii) issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
respondents 4 to 14 to issue the petitioner a notice
under section 35(3) of the Bharatiya Nagarik
Sakshya Sanhita 2023, should they require to
interview or interrogate the petitioner;
iii) issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
respondents 4 to 14 to provide sufficient opportunity
to the petitioner for explaining his version and
adduce evidence, before deciding to arrest the
petitioner, when he appears before them further to
the notice under section 35(3);
iv) issue a writ of mandamus or any other
appropriate writ, order or direction commanding the
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respondents 2, 3 and 15 to conduct thorough
investigation on the Ext. P24 complaint; and
v) grant such other reliefs as this Hon'ble
Court deems fit and proper in the circumstances of
this case including the cost of this Writ
Petition."[SIC]
2. The main prayer in this Writ Petition is to
issue a direction to respondents 4 to 14 not to harass the
petitioner over phone or otherwise, and also to command
respondents 4 to 14 to issue petitioner a notice under
Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita,
2023 (for short 'BNSS').
3. Respondents 4 to 14 are the Station
House Officers of the Police Stations situated in Uttar
Pradesh, West Bengal, Maharashtra, Karnataka,
Rajasthan, Gujarat, Madhya Pradesh etc. This Court has
no jurisdiction to issue such a direction to those Station
House Officers to comply with Section 35(3) of the BNSS.
Whether a person is to be arrested or not in connection
with a case is to be decided by the Station House Officer
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in accordance with Section 35 of the BNSS. That is the
discretion of the Station House Officer concerned. If the
petitioner is apprehending arrest, the petitioner can
approach the jurisdictional court with appropriate
application for anticipatory bail. This Court cannot issue
any blanket order as prayed in this Writ Petition. This Writ
Petition (Crl.) is not maintainable.
Therefore, granting liberty to the petitioner to
approach the jurisdictional court in accordance with the
law, this Writ Petition (Crl.) is disposed of.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
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APPENDIX OF WP(CRL.) 744/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE IMPORTER-EXPORTER
CODE ISSUED BY THE DIRECTORATE GENERAL
OF FOREIGN TRADE, MINISTRY OF COMMERCE
AND INDUSTRY, GOVERNMENT OF INDIA
BEARING NUMBER AAJCD4279N DATED
09.08.2022
EXHIBIT P2 TRUE COPY OF THE SHIPPING BILL SUMMARY
SHOWING EXPORT BY AIRWAY FROM M/S
DEALMAKERS EXPORTERIA PRIVATE LIMITED
FROM M/S GROW FRESH GENERAL TRADING
LLC DATED 09.01.2024 BEARING NUMBER
SB22090120242152
EXHIBIT P3 TRUE COPY OF THE SHIPPING BILL SUMMARY
SHOWING EXPORT BY SEA FROM M/S
DEALMAKERS EXPORTERIA PRIVATE LIMITED
FROM M/S GROW FRESH GENERAL TRADING
LLC DATED 24.01.2024 BEARING NUMBER
SB22240120241635
EXHIBIT P4 TRUE COPY OF THE SHIPPING BILL SUMMARY
SHOWING EXPORT BY SEA FROM M/S
DEALMAKERS EXPORTERIA PRIVATE LIMITED
FROM M/S GROW FRESH GENERAL TRADING
LLC DATED 29.01.2024 BEARING NUMBER
SB22240120241635
EXHIBIT P5 TRUE COPY OF THE SHIPPING BILL SUMMARY
SHOWING EXPORT BY SEA FROM M/S
DEALMAKERS EXPORTERIA PRIVATE LIMITED
FROM M/S GROW FRESH GENERAL TRADING
LLC DATED 22.02.2024 BEARING NUMBER
SB22220220241855
EXHIBIT P6 TRUE COPY OF THE SHIPPING BILL SUMMARY
SHOWING EXPORT BY SEA FROM M/S
DEALMAKERS EXPORTERIA PRIVATE LIMITED
FROM M/S GROW FRESH GENERAL TRADING
LLC DATED 29.02.2024 BEARING NUMBER
SB22010320241622
EXHIBIT P7 TRUE COPY OF THE SHIPPING BILL SUMMARY
SHOWING EXPORT BY SEA FROM M/S
DEALMAKERS EXPORTERIA PRIVATE LIMITED
FROM M/S GROW FRESH GENERAL TRADING
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LLC DATED 18.03.2024 BEARING NUMBER
SB22200320241701
EXHIBIT P8 TRUE COPY OF THE SHIPPING BILL SUMMARY
SHOWING EXPORT BY SEA FROM M/S
DEALMAKERS EXPORTERIA PRIVATE LIMITED
FROM M/S GROW FRESH GENERAL TRADING
LLC DATED 25.03.2024 BEARING NUMBER
SB22250320241641
EXHIBIT P9 TRUE COPY OF THE BANK CONFIRMATION
BEARING REFERENCE ID 1813761295 OF A
DEPOSIT OF RS. 2,00,000.00 INTO THE
ACCOUNT OF THE PETITIONER, FORWARDED
BY THE 16TH RESPONDENT, DATED
28.12.2024
EXHIBIT P10 TRUE COPY OF THE BANK CONFIRMATION
BEARING REFERENCE ID 436354045935 OF A
DEPOSIT OF RS. 49,000.00 INTO THE
ACCOUNT OF THE PETITIONER, FORWARDED
BY THE 16TH RESPONDENT, DATED
28.12.2024
EXHIBIT P11 TRUE COPY OF THE BANK CONFIRMATION
BEARING REFERENCE ID 436353471212 OF A
DEPOSIT OF RS. 50,000.00 INTO THE
ACCOUNT OF THE PETITIONER, FORWARDED
BY THE 16TH RESPONDENT, DATED
28.12.2024
EXHIBIT P12 TRUE COPY OF THE BANK CONFIRMATION
BEARING TRANSACTION ID 79005231291 OF
A DEPOSIT OF RS. 1,00,000.00 INTO THE
ACCOUNT OF THE PETITIONER, FORWARDED
BY THE 16TH RESPONDENT, DATED
28.12.2024
EXHIBIT P13 TRUE COPY OF THE BANK CONFIRMATION
BEARING REFERENCE ID
T2412281837115866638629 OF A DEPOSIT
OF RS. 70,257.00 INTO THE ACCOUNT OF
THE PETITIONER, FORWARDED BY THE 16TH
RESPONDENT, DATED 28.12.2024
EXHIBIT P14 TRUE COPY OF THE BANK CONFIRMATION OF
A DEPOSIT OF RS. 11,233.00 INTO THE
ACCOUNT OF THE PETITIONER, FORWARDED
BY THE 16TH RESPONDENT, DATED NIL,
EXHIBIT P14(A) TRUE COPY OF THE BANK CONFIRMATION
BEARING NUMBER 436318989354 OF A
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DEPOSIT OF RS. 50,000.00 INTO THE
ACCOUNT OF THE PETITIONER, FORWARDED
BY THE 16TH RESPONDENT, DATED NIL,
EXHIBIT P15 TRUE COPY OF THE BANK CONFIRMATION OF
A DEPOSIT OF RS. 5,00,000.00 INTO THE
ACCOUNT OF THE PETITIONER, FORWARDED
BY THE 16TH RESPONDENT, DATED
30.12.2024
EXHIBIT P16 TRUE COPY OF THE BANK CONFIRMATION OF
A DEPOSIT OF RS. 2,00,000.00 INTO THE
ACCOUNT OF THE PETITIONER, FORWARDED
BY THE 16TH RESPONDENT, DATED
02.01.2025
EXHIBIT P17 TRUE COPY OF THE BANK CONFIRMATION,
BEARING TRANSACTION ID 500315324115 OF
A DEPOSIT OF RS. 5,00,000.00 INTO THE
ACCOUNT OF THE PETITIONER, FORWARDED
BY THE 16TH RESPONDENT, DATED
03.01.2025
EXHIBIT P18 TRUE COPY OF THE BANK CONFIRMATION OF
A DEPOSIT OF RS. 5,00,000.00 INTO THE
ACCOUNT OF THE PETITIONER, FORWARDED
BY THE 16TH RESPONDENT, DATED
09.01.2025
EXHIBIT P19 TRUE COPY OF THE BANK CONFIRMATION OF
A DEPOSIT OF RS. 5,00,000.00 INTO THE
ACCOUNT OF THE PETITIONER, FORWARDED
BY THE 16TH RESPONDENT, DATED
13.01.2025
EXHIBIT P20 TRUE COPY OF THE DETAILS OF THE
COMPLAINT DATED 11.01.2025, AVAILABLE
AT THE 4TH RESPONDENT POLICE STATION
BEARING ACKNOWLEDGEMENT NO.
23101250006494
EXHIBIT P21 TRUE COPY OF THE DETAILS OF THE
COMPLAINT DATED 27.01.2025, AVAILABLE
AT THE 4TH RESPONDENT POLICE STATION
BEARING ACKNOWLEDGEMENT NO.
23201250005354
EXHIBIT P22 TRUE COPY OF THE DETAILS OF THE
COMPLAINT DATED 06.02.2025, AVAILABLE
AT THE 6TH RESPONDENT POLICE STATION
BEARING ACKNOWLEDGEMENT NO.
31902250023086
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EXHIBIT P23 TRUE COPY OF THE AIRLINE TICKET OF THE
PETITIONER DATED 29.05.2025 WITH
BOOKING REFERENCE NUMBER CC76EW
EXHIBIT P24 TRUE COPY OF THE COMPLAINT DATED NIL
PRESENTED ON 04.06.2025 TO THE 15TH
RESPONDENT
EXHIBIT P25 TRUE COPY OF THE ACKNOWLEDGEMENT OF
THE EXT. P24 COMPLAINT BEARING NO.
15291045-2025-5-00566 AND DATED
04.06.2025, ISSUED BY THE 15TH
RESPONDENT
