Kerala High Court
Nihas Bakker vs Union Of India on 26 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:46244
WP(C) NO. 22673 OF 2020
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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(C) NO. 22673 OF 2020
PETITIONER:
NIHAS BAKKER
AGED 31 YEARS
D/O. K.M. BAKKER, KARAPURAM VEETTIL HOUSE,
NO. F5, 1ST FLOOR, WAFA RESIDENCY, LAKSHMI NAGAR,
PADINJAREKOTTA, THRISSUR-680 004
BY ADV SMT.K.V.RASHMI
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF FINANCE (FINANCIAL SERVICE),
3RD FLOOR, JEEVANDEEP BUILDING, SANSAD MARG,
NEW DELHI, NEW DELHI-110 001
2 THE CHAIRMAN,
RESERVE BANK OF INDIA, 6, HEAD QUARTERS,
SANSAD MARG, SANSAD MARG AREA, NEW DELHI-110 001
3 KRAZYBEE/KREDITZY SERVICES PRIVATE LTD,
3RD FLOOR, NO. 128/9 MARUTHI SAPPHIRE, HAL
AIRPORT ROAD, MURUGESH PALYA, BANGALORE 560 017.
4 INSPECTOR GENERAL OF POLICE (IGP)
NODAL CYBER CELL OFFICER, OFFICE OF THE IGP CRIME
BRANCH (SZ) CBCID, POLICE HEAD QUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 010
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WP(C) NO. 22673 OF 2020
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5 ADDL. DIRECTOR GENERAL OF POLICE (ADGP)
GRIEVANCE CYBER CELL OFFICER VIGILANCE AND
ANTICORRUPTION BUREAU, SHORNUR ROAD, NAIKKANAL,
TRISSUR, KERALA-680022.
6 ASST. COMMISSIONER OF POLICE (ACP)
DCRS TRISSUR CITY, RAMAVARMAPURAM ROAD, THRISSUR-
680 631
7 STATION HOUSE OFFICER, THRISSUR.
WEST POLICE STATION, OUT POST RD, KALAYAN NAGAR ,
AYYANTHOLE, THRISSUR-680003.
8 MINISTRY OF EXTERNAL AFFAIRS,
REPD BY THE SECTION OFFICER (01), CENTRAL
SECRETARIAT, E BLCOK, NEW DELHI-110 001
BY ADVS.
SHRI.JAGADEESH LAKSHMAN, SENIOR PANEL COUNSEL
SHRI.M.GOPIKRISHNAN NAMBIAR
GOVERNMENT PLEADER
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
SHRI.CHETHAN KRISHNA R.
SRI HRITHWIK CS, SR PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 22673 OF 2020
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P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(C.).No.22673 of 2020
----------------------------------------------
Dated this the 26th day of June, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of Mandamus or any other appropriate
writ order or direction or order commanding
respondents 4 to 7 to consider Exhibit:-P7 and to
conduct enquiry on it at the earliest.
ii. Direct the 2nd respondent to look into the matter
and to take necessary action against the 3rd
respondent.
iii. Issue such other writ, order or direction as this
Honorable Court may deem fit and proper to grant
in the facts and circumstances of the case.
(SIC)
2. The only prayer in this writ petition is to issue a
direction to respondents 4 to 7 to consider Ext.P7 and to
conduct an enquiry on it. A statement dated 02.11.2020 is filed
by the Inspector SHO, Thrissur West Police Station, the relevant
portion of which is extracted hereunder:
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WP(C) NO. 22673 OF 2020
"4. It is respectfully submitted that, the report
regarding the technical facts related to the petition
was only received in this office in recent time.
According to the report of Cyber Cell, the version of
this petitioner that the alleged company possessed
his data and contacts without his permission has no
existence. This petitioner did not produced any
relevant documents or mobile phone to facilitate to
inspect the element in respect his grievance narrated
in the petition that his data and contacts were leaked
by sending trogen virus. Apart from that, more
evidences substantiating the humiliation done by the
alleged company by calling petitioner's friends and
relatives was not produced by the petitioner at the
time of lodging the complainant. Likewise, the facts
and documents produced herewith by the petitioner
such as Loan Application Form (P1), whats app
communications (P2) (P4), Final Letter for
Repayment (P3), Mail from RBI (P5) etc. are not
produced by him, when he lodged the petition at
Thrissur West Police Station.
5. It is respectfully submitted that, occasionally
it was found that there was petition against this
petitioner alleging that, this petitioner (CEO Nihas
Backer) along with others ran an IT company named
Zitlali Info Solutions Private Ltd and recruited
around 150 candidates by making advertisement
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WP(C) NO. 22673 OF 2020
through social Medias like OLX, Quiker, etc. Four
months later this petitioner and others dissolved the
staffs telling the reason that the company is stopping
its function without making their remuneration which
was offered to them. Afterwards Smt.Neha Bhanu,
Smt. Aysha Nihasone (Directors of Zitlali Info
Solutions Private Ltd) petitioner filed a writ petition
before Hon'ble High Court in WP (C) No. 26244/2019
seeking police protection alleging that the employees
were threatening them demanding remuneration.
Evaluating this matter, it appears that this petitioner
is used to file writ petitions before the Hon'ble High
Court defending the allegations raised against him.
6. It is respectfully submitted that, the enquiry
is going on regarding the petition. However any
order passed by the Hon'ble court will be abided in
the letter and spirit."
3. When this case came up for consideration on
04.06.2025, this Court directed the Public Prosecutor to get
instruction about the stage of the enquiry in the petition
submitted by the petitioner. Today, the Public Prosecutor
submitted that, after enquiry, the petition is closed.
4. If that is the case, if the petitioner is aggrieved by
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the same, he can do the needful in accordance with law. The
order closing the further proceedings should be communicated
to the petitioner. All other contentions of the petitioner and the
respondents are left open.
With the above observation, this writ petition is disposed
of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
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WP(C) NO. 22673 OF 2020
APPENDIX OF WP(C) 22673/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LOAN APPLICATION
SUBMITTED ONLINE BEFORE THE 3RD
RESPONDENT BY THE PETITIONER DATED
01.01.2020.
EXHIBIT P2 TRUE COPY OF WHATSAPP MESSAGE ISSUED BY
THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE FINAL LETTER FOR
REPAYMENT ISSUED TO THE PETITIONER BY
THE 3RD AND 8TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE WHATSAPP MESSAGE
ISSUED TO THE PETITIONER BY THE 3RD
RESPONDENT FROM THE SITE OF HON'BLE
HIGH COURT OF KERALA
EXHIBIT P5 TRUE COPY OF THE REPLY LETTER ISSUED TO
THE PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE GUIDELINES ISSUED BY
THE 2ND RESPONDENT REGARDING NBFC.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED
08.06.2020 SUBMITTED BY THE PETITIONER
BEFORE 4 TO 7 RESPONDENTS.
EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPT ISSUED
BY THE POST OFFICE DATED 09.06.2020.
EXHIBIT P9 TRUE COPY OF THE NEWS PUBLISHED IN
MALAYALA MANORAMA (ONLINE) SITE.
RESPONDENT EXHIBITS
EXHIBIT R3 TRUE COPY OF THE CERTIFICATE OF
INCORPORATION DATED 16.3.2016, ISSUED
BY THE MINISTRY OF CORPORATE AFFAIRS TO
KRAZYBEE SERVICES PRIVATE LIMITED
EXHIBIT R3 B TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 25.5.2016, ISSUED BY
THE RESERVE BANK OF INDIA TO KRAZYBEE
SERVICES PRIVATE LIMITED
EXHIBIT R3 C TRUE COPY OF THE CERTIFICATE OF
INCORPORATION DATED 15.3.2016, ISSUED
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WP(C) NO. 22673 OF 2020
BY THE MINISTRY OF CORPORATE AFFAIRS TO
FINNOVATION TECH SOLUTIONS PRIVATE
LIMITED
EXHIBIT R3 TRUE COPY OF THE CERTIFICATE OF
INCORPORATION DATED 30.8.2019, ISSUED
BY THE MINISTRY OF CORPORATE AFFAIRS TO
KARTBEE TECHNOLOGIES PRIVATE LIMITED
EXHIBIT R3 TRUE COPY OF THE FRAME WORK AGREEMENT
DATED 16.3.2020 FOR SERVICES BETWEEN
FINNOVATION TECH SOLUTIONS PRIVATE
LIMITED AND KRAZYBEE SERVICES PRIVATE
LIMITED
EXHIBIT R3 TRUE COPY OF THE CALL HANDLING SCRIPTS
UNDATED ISSUED BY DREDITBEE TO CALL
HANDLING EMPLOYEES
EXHIBIT R3 G A TRUE COPY OF THE COLLECTION POLICY OF
KREDITBEE DATED SEPTEMBER, 2019
EXHIBIT R3 G B TRUE COPY OF THE COLLECTION POLICY OF
KREDITZY DATED JANUARY, 2021
EXHIBIT R3 C TRUE COPY OF THE SOP OF KREDITBEE
COLLECTIONS DATED NIL
EXHIBIT R3 D TRUE COPY OF SOP OF KREDITZY
COLLECTIOND DATED NIL
