Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946 CRL.MC NO. 7557 OF 2017 PETITIONERS:
1 TECHNICAL AND TRADING LLC AN LLC REGISTERED IN U. A. E, HAVING ITS REGISTERED OFFICES AT RIGGA-DIERA, DUBAI, UAE. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MINAL KAUL D/O. RAKESH KAUL, RESIDING AT KHALIFA STREET, ABU DHABI, UAE AND HOLDER INDIAN PASSPORT NO.M1524448. 2 SCIENTECHNIC LLC, HAVING ITS REGISTERED OFFICES IN KHABAISI-DEIRA, DUBAI, UAE, -DO-. BY ADVS. SRI.V.AJAKUMAR SRI.T.M.CHANDRAN SRI.SIDHARTH A.MENON
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, VAZHUTHACADU,THIRUVANANTHAPURAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 INSPECTOR GENERAL OF POLICE, KANNUR RANGE OFFICE, SPCA ROAD, TALAP, KANNUR, PIN-670001. 3 SAFARALI THEKKEKOLEYATH S/O. SHOUKATHALI ANJILLATH,KAMMADATHUMADAM, MALIKA HOUSE, THEKKEPURAM, PADANNA P.O., KASARGOD, PIN-671312. 4 ASHRAF ALI, SHARJAH SAREE CENTRE,PAYANNUR, KANNUR DISTRICT, KERALA-670001. BY ADV. SRI.RENJITH T.R., SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- ---------------------------------------------- Dated this the 02nd day of August, 2024
ORDER
This Criminal Miscellaneous Case is filed seeking the following reliefs:
“(i) To issue necessary directions to the 1 st and 2nd respondents to register an FIR on the basis of Annexure 3 complaint filed by the petitioners before the 1st respondent and which was forwarded to the 2nd respondent by forwarding the complaint to the S.H.O. having jurisdiction where the 3 rd and 4th respondents or any of them is having permanent residence and further to conduct a fair and proper investigation and submit a Final Report before the appropriate court against the 3 rd & 4th respondents/accused persons named therein.
(ii) To grant any other relief which is deemed just and equitable by this Hon'ble Court and which is hereafter been prayed for by the petitioners.”
2. The service to respondents 3 and 4 is not
complete even now. This Crl.M.C. is pending before this Court from 2017 onwards. The grievance of the petitioners is that the 1st and 2nd respondents are not registering the FIR based on Annexure 3 complaint. If the FIR is not registered after filing a complaint, there are remedies in the Bharatiya Nagarik Suraksha Sanhita. Granting liberty to the petitioners to do the needful in accordance with law, this Criminal Miscellaneous Case is closed. Sd/- P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF CRL.MC 7557/2017 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED IN FAVOUR OF MINAL KAUL. ANNEXURE 2 TRUE COPIES OF CHEQUES ISSUED IN FAVOUR OF THE PETITIONERS. ANNEXURE 3 TRUE COPY OF COMPLAINT DATED 4.1.2017. RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE