Disposed

Meera v. State of Kerala

Kerala HC14 Dec 2020WP(C)/1827/2020

Case brief

AI extract

What is this about?

High Court disposed of a writ petition where petitioners, accused residing in Hyderabad, challenged summons under Section 41A Cr.P.C. The Court directed them to furnish correct address and contact details to investigating officers within a week, holding personal presence unnecessary for this purpose.

What did the court decide?

Directing petitioners to provide correct address and mobile/email details to Investigating Officers within one week.

Meera Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942

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WP(C).No.1827 OF 2020

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PETITIONER/S:

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1	MEERA
	AGED 33 YEARS
	W/O HARISH BABU, HOUSE NO.60/17/12, SIDHARDHA NAGAR,VIJAYAVADA, ANDRA PRADESH-520010.
2	KUMARI RAJAH,
	AGED 33 YEARS
	W/O.PRASANTH SUNDER RAJAH,
	60-17-12 BANK,COLONY ROAD,
	SIDHARTHA NAGAR, VIJAAVADA,
	ANDHRA PRADESH.
3	SMT.RADHA SUNDARA RAJA,
	D/O SAMY SUNDARA RAJA,
	HOUSE NO.60/17/12.,
	SIDHARTHA NAGAR,VIJAYAVADA, ANDRA PRADESH-520010.
4	SRI.S.R.PRASANTH,
	AGED 37 YEARS
	S/O SAMY SUNDARA RAJA,
	HOUSE NO.60/17/12,
	SIDHARDHA NAGAR,VIJAYAVADA, ANDRA PRADESH-520010.
5	P.P.RANGA REDDY,
	S/O RENGA REDDY,
	AGED 63 YEARS,
	FLAT NO.182,VEMANA COLONY,
	CHANDA NAGAR,
	HYDERABAD,TELANGANA.
6	CHEDELLASUBHASHINI,
	AGED 34 YEARS
	D/O M.RATNAMAIAH,
	1-8-744,R.K.APARTMENTS,
	NELLAKUNTA, HYDERABAD-500044.
	BY ADV. SRI.RAJIT

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WP(C).No.1827 OF 2020

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RESPONDENT/S:

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1	STATE OF KERALA
	REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2	THE PRINCIPAL SECRETARY, HOME DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM,KERALA.
3	CRIME BRANCH-CID, ECONOMIC OFFENCE WING-I, KOLLAM.
4	CRIME BRANCH-CID, ECONOMIC OFFENCE WING-II, KOLLAM.
5	CRIME BRANCH-CID, ECONOMIC OFFENCE WING-III, KOZHIKODE.

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BY SRI.C.S.HRITHWIK, SR. PUBLIC PROSECUTOR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1827 OF 2020

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JUDGMENT

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Dated this the 14th day of December 2020

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The petitioners are accused in various identical crimes presently being investigated by the Police. Among the series of cases registered against the petitioners and others, investigation was completed and cognizance taken in some of the cases. The petitioners were discharged in some cases, finding the petitioners to be only shareholders and that no role in the alleged offences could be attributed to the petitioners. The discharge orders are produced as Exhibits P11 to P21. The petitioners are aggrieved by the notice issued to them by the investigating officers under Section 41A Cr.P.C, requiring their personal presence for the purpose of recording their statements.

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The learned counsel for the petitioners submitted that, the petitioners are presently residing at

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WP(C).No.1827 OF 2020

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Hyderabad and are not in a position to come down to Kerala, for giving statements. Instead, petitioners are willing to give statement over telephone or through any other electronic mode.

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The learned Senior Public Prosecutor submitted on instructions, that the investigating officers have to file the final report, showing the correct address and details of the accused. The notices, requiring the petitioners presence before the Investigation Officers is issued for that purpose.

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The learned counsel for the petitioners undertakes to provide the correct address and requisite details to the Investigating Officers at the earliest. The requirement being of only obtaining the address and details of the petitioners, personal presence of the petitioners need not be insisted upon.

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This Writ Petition is hence disposed of,

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directing the petitioners to provide their correct address

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WP(C).No.1827 OF 2020

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and details including their Mobile Nos. and E-mail addresses to the Investigating Officers within a period of

one week.

Ordered accordingly.

Sd/-

V.G.ARUN

JUDGE

avs

WP(C).No.1827 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 15.12.2015 PASSED BY THIS HON'BLE COURT IN CRL.M.C.NO.7608/2015 EXHIBIT P2 TRUE COPY OF THE ORDER DATED 27.05.2016 PASSED BY THIS HON'BLE COURT IN CRL.M.C.NO.3146/2016 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 17.10.2017 PASSED BY THIS HON'BLE COURT IN CRL.M.C.NO.6678/2016 EXHIBIT P4 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT DATED 15.09.2015 IN CRL.M.C.NO.6169/2015

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EXHIBIT P5 TRUE COPY OF COMMON ORDER DATED 04.05.2018 IN C.M.P.NO.1546/2017 PASSED BY THE LEARNED CHIEF JUDICIAL MAGISTRATE COURT,KOTTAYAM

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EXHIBIT P6 TRUE COPY OF THE ORDER DATED 23.07.2018 IN CMP NO.6299/2017 IN C.C.NO.72/2017 OF THE LEARNED CHIEF JUDICIAL MAGISTRATE COURT,PATHANAMTHITTA. EXHIBIT P7 TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION G.O.(MS)NO.94/2014 HOME DTD.13.05.2014. EXHIBIT P8 TRUE COPY OF THE ORDER DTD 22.8.2014 IN CRL.M.C.NO.4138/2014 EXHIBIT P9 TRUE COPY OF THE STATEMENT FILED BY THE RESPONDENTS 3 TO 5 IN W.P(C)NO.24153/2019 EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 18.10.2019 IN W.P(C)NO.24153/2019.

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WP(C).No.1827 OF 2020

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RESPONDENT'S/S EXHIBITS:

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avs //TRUE COPY// P.A TO JUDGE

Meera v. State of Kerala

Case brief

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Meera v. State of Kerala

Case brief

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