Prasanth vs. The State Of Kerala - Kerala High Court, 06 June 2022

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 6TH DAY OF JUNE 2022 / 16TH JYAISHTA, 1944 WP(C) NO. 11108 OF 2022 PETITIONER: PRASANTH AGED 39 YEARS S/O. AMBUJAKSHAN, PANACHIKKAL HOUSE, VALAKKAVU DESOM, MULAYAM VILLAGE, THRISSUR DISTRICT - BY ADVS. K.R.ARUN KRISHNAN S.RAJEEV DEEPA K.RADHAKRISHNAN EDISON THOMAS T. RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT - 695001. 2 STATION HOUSE OFFICER, THRISSUR TOWN WEST POLICE STATION, AYYANTHOLE, THRISSUR DISTRICT - 680003. 3 THE CITY POLICE COMMISSIONER THRISSUR CITY, OFFICE OF THE COMMISSIONER, THRISSUR - 680001. 4 REGISTRAR OF COMPANIES, KERALA COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKARA, ERNAKULAM DISTRICT - 682021. T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11108 OF 2022 2

JUDGMENT This writ petition is filed seeking the following reliefs:- (i) Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondent Nos 2 and 3 not to harass the petitioner, in the interest of justice. (ii) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent to take action as against the 2nd and 3rd respondents on the ground of harassment towards the petitioner

Heard the learned counsel for the petitioner and the learned Government Pleader.

The learned counsel for the petitioner submits that the petitioner is being unnecessarily harassed in connection with complaints preferred against the petitioner.

An interim order was rendered on 30/3/2022 directing that the petitioner will be summoned only after issuing due notices.

The learned Government Pleader submits that WP(C) NO. 11108 OF 2022 3 complaints have been preferred against the petitioner and that it is only in connection with the investigation of those crimes that the petitioner had been summoned. Having heard the learned counsel on either side, this writ petition is closed, directing that the petitioner will not be unnecessarily harassed and will be summoned to the Police Station, if required, only after issuance of due notices, either under Section 41 A or Section 160 of the Cr.P.C. This writ petition is ordered accordingly. ANU SIVARAMAN JUDGE ska

WP(C) NO. 11108 OF 2022 4 APPENDIX OF WP(C) 11108/2022 PETITIONER EXHIBITS Exhibit P1 AOF THE MEMORANDUM OF ASSOCIATION OF PETITIONER'S COMPANY. Exhibit P2 AOF THE ARTICLE OF ASSOCIATION OF THE PETITIONER'S COMPANY. Exhibit P3 AOF CERTIFICATE OF INCORPORATION OF THE PETITIONER'S COMPANY ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS. Exhibit P4 AOF THE CERTIFICATE OF GST REGISTRATION DATED 24.02.2022. Exhibit P5 AOF THE LETTER DATED 09.02.2022 ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS. Exhibit P6 AOF THE REPLY DATED 18.02.2022 GIVEN BY THE PETITIONER. Exhibit P7 AOF THE NOTICE DATED 11.03.2022 ISSUED BY THE STATION HOUSE OFFICER, TOWN WEST POLICE STATION, AYYANTHOLE, THRISSUR. Exhibit P8 AOF THE REPLY DATED 14.03.2022 GIVEN BY THE PETITIONER TO THE STATION HOUSE OFFICER, TOWN WEST POLICE STATION, AYYANTHOLE, THRISSUR. Exhibit P9 AOF THE LETTER DATED 14.03.2022 GIVEN BY THE PETITIONER TO THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. Exhibit P10 AOF THE DETAILS OF THE DOCUMENTS PROVIDED BY THE PETITIONER TO THE STATION HOUSE OFFICER, TOWN WEST POLICE STATION, AYYANTHOLE, THRISSUR. Exhibit P11 AOF THE ORDER DATED 22.09.2020 OF THIS HON'BLE COURT IN B.A. 4248/2020.