Petitioners, directors of a multi-level marketing company, filed a writ alleging police harassment by respondents involved in a criminal investigation against them. The court dismissed the petition, holding that entertaining such a writ by de-facto accused under Article 226 was unjustified.
The writ petition is dismissed. The same is held to be misconceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 26TH DAY OF NOVEMBER 2019 / 5TH AGRAHAYANA, 1941
WP(C).No.27103 OF 2019(K)
PETITIONERS:
1 RAJESH P., S/O. PADMANABHAN, KOTTATTIL HOUSE, PULIKKAL POST, MALAPPURAM 673 637.
2 MOHAMMAD JABIR P.K, S/O. KUNJUMUHAMMAD, KOTTAM PARAMBATH HOUSE, IYKKARAPADY P.O, MALAPPURAM 673 637.
3 MAGESH M, VEETTICHALIL HOUSE, S/O. ARUMUGAN, MUTHUPARAMBU P.O, KONDOTTY, MALAPPURAM 673 638.
4 MANOJ E, S/O. RAGHAVAN, MANOJ BHAVAN, FAROKE COLLEGE P.O, MALAPPURAM 673 004.
BY ADV. SMT.VIJAYAKUMARI
RESPONDENTS:
1 MR.A.V.GEORGE IPS, COMMISSIONER OF POLICE, OFFICE OF THE CITY POLICE COMMISSIONER, PALAYAM, KOZHIKODE 673 004.
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W.P. (C) No. 27103 of 2019
SRI.PP THAJUDEEN GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No. 27103 of 2019
W.P. (C) No. 27103 of 2019
J U D G M E N T
The petitioners are the directors of a company
named Mygemsway Ventures Pvt Ltd., engaged in multi level marketing. The writ petition is instituted by the petitioners alleging police harassment.
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W.P. (C) No. 27103 of 2019
the petitioners have not been harassed by the respondents in
any manner.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
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W.P. (C) No. 27103 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF RULES AND GUIDELINES ISSUED BY THE GOVT. OF INDIA REGARDING MULTI LEVEL MARKETING COMPANIES
EXHIBIT P2 COPY OF LICENSE ISSUED BY THE MUNICIPALITY, RAMANATTUKARA
EXHIBIT P4 CERTIFICATE OF REGISTRATION FOR SELLING ARTICLES WITH HALL STATION
EXHIBIT P5 COPY OF FIR IN CR. NO. 658/19 OF FEROKE POLICE STATION EXHIBIT P6 COPY OF PHOTOGRAPHS
EXHIBIT P7 COPY OF THE WORDS OF THE CONCERNED MINISTER OF KERALA REPORTED IN THE NEWS PAPER
EXHIBIT P8 COPY OF REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
YKB
2 issues framed by the court
Whether this court can entertain a writ petition alleging police harassment filed by de-facto accused in an investigation.
Whether the writ petition is misconceived given that the petitioners are de-facto accused facing a criminal charge.
3 provisions across 3 enactments
RAJESH P.
MOHAMMAD JABIR P.K
MAGESH M
MANOJ E
MR.A.V.GEORGE IPS
MR.KRISHNAN
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
