Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 WP(C) NO. 44222 OF 2023 PETITIONER:
AMAZE INDIA, AGED 40 YEARS, REPRESENTED BY ITS PARTNER SHAMSHER MOHAMMED HASHMI, FLAT NO 2104 SHRI BALAJI, ENCLAVE, OFF CHINCHOLI BUNDER ROAD, MALAD WEST, BEHIND EVERSHINE MALL, MUMBAI, MUMBAI SUBURBAN, MAHARASHTRA, PIN – 400064 BY ADVS.
V.JOHN MANI MEERA RAJAN VARGHESE SABU SETHULAKSHMI K.K.
ABHIRAMI C. UNNI VISHAL NAIR.A.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY HOME SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001 2 STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, ERNAKULAM RURAL, ALUVA, KERALA, PIN – 683101 3 BRANCH MANAGER, STATE BANK OF INDIA, GEREGAON MULUND LINK ROAD BRANCH, SHOWROOM NO 11, RUSTOMJEE OZONE GOREGAON WEST, MUMBAI, PIN – 400104 4 VISHNU SOMAN, MUNDAPLACKAL HOUSE MANJALLOOR, NEERAMPUZHA, VAZHAKKULAM, ERNAKULAM RURAL, KERALA, PIN – 686670 BY ADVS.
JAYESH MOHANKUMAR K SUNIL KUMAR KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 44222/23 2 JUDGMENT The prayer of the petitioner in this Writ Petition to quash Ext.P11 notice issued by the 2nd respondent is not maintainable, because it is admitted that the same has been issued based on Ext.P10 requisition made by the competent Police Authority, under Sections 91 and 102 of the Code of Criminal Procedure.
2.
Pertinently, the petitioner has chosen not to challenge Ext.P10; and obviously, this Writ Petition is not maintainable.
Resultantly, this Writ Petition is dismissed as being not maintainable; however, with liberty being reserved to the petitioner to approach this Court again, if they are so interested; for which purpose, all contentions including against Ext.P10 are left open.
Sd/- RR DEVAN RAMACHANDRAN JUDGE
WPC 44222/23 3 APPENDIX OF WP(C) 44222/2023 PETITIONER EXHIBITS Exhibit P 1 A TRUE COPY OF THE DEED OF ADMISSION CUM RETIREMENT EXECUTED BETWEEN PARTNERS OF THE PETITIONER FIRM DATED 21/01/2021 Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER GST DATED 09/06/2023 WITH REGISTRATION NUMBER 27ABPFA7820E1ZD Exhibit P3 A TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES DATED 09/12/2022 Exhibit P4 A TRUE COPY OF THE ACCOUNT STATEMENT IN RESPECT OF ITS CURRENT ACCOUNT WITH STATE BANK OF INDIA, GOREGAON MULUND LINK ROAD BRANCH WITH ACCOUNT NUMBER 00000039441004798 FOR THE PERIOD FROM 12/06/2023 TO 01/07/2023 Exhibit P5 A TRUE COPY OF THE EMAIL RECEIVED BY THE 3RD RESPONDENT FROM THE 2ND RESPONDENT WHICH IS FORWARDED TO THE PETITIONER Exhibit P 6 A TRUE COPY THE FIR IN CRIME NO. 47/2023 REGISTERED BY THE 2ND RESPONDENT Exhibit P 7 A TRUE COPY THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT THROUGH EMAIL DATED 18/10/2023 Exhibit P 8 A TRUE COPY THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT THROUGH EMAIL DATED 18/10/2023 Exhibit P 9 A TRUE COPY OF THE JUDGMENT IN WP ( C ) 35425 OF 2023 DATED 06/12/2023 Exhibit P 10 TRUE COPY OF EMAIL COMMUNICATION RECEIVED BY THE PETITIONER FROM 3RD RESPONDENTA TRUE COPY OF THE EMAIL RECEIVED BY THE 3RD RESPONDENT FROM THE 2ND RESPONDENT WHICH IS FORWARDED TO THE PETITIONER Exhibit P 11 A TRUE COPY OF THE NOTICE ISSUED BY 2ND RESPONDENT TO PETITIONER IS DATED 18/12/2023