IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Crl.MC.No. 3311 of 2005() -------------------------------------- PETITIONER(S): COMPLAINANT --------------------------------------------- K.M.ABDUL SALEEM, AGED 29 YEARS, S/O.MOIDEEN, KEEPURATH VEEDU, CHEMKULAM PO, CHITHIRAPURAM, IDUKKI DT.,PRESENTLY EMPLOYED IN SAUDI ARABIA, AND HAVING THE ADDRESS P.B. NO.27296. A1-QASSIM, BURAIDAH, 15331, K.S.A. REP. BY HIS POWER OF ATTORNEY HOLDER AND BROTHER K.M.ABDUL RASHEED, AGED 27 YEARS, S/O.MOIDEEN, KEEPURATH VEEDU, CHEMKULAM PO, CHITHIRAPURAM, IDUKKI DISTRICT. BY ADVS. SRI.THOMAS ABRAHAM SRI.K.B.ARUNKUMAR RESPONDENT(S): ACCUSED /STATE ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE PROTECTOR GENERAL OF EMIGRANTS AND JOINT SECRETARY, MINISTRY OF OVERSEAS INDIAN AFFAIRS, SHAMSAKTHI BHAVAN, RAFI MARG, NEW DELHI- 110 001. 3. DIRECTOR GENERAL OF POLICE, KERALA STATE, TRIVANDRUM. 4. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 5. DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. tss CRMC. 3311/2005 6. M.ABDUL AZIZ ALIAS SAINUDEEN RASHEEDH, ANSEENA MANZIL, PALLIMURI, PORUVAZHI, SOORANADU P.O., KOLLAM DISTRICT (PASS PORT NO. E 5921992). 7. H.HAMZA, MANAGER, SABEER TRAVELS, VALLAPUZHA, PATTAMBI, KERALA STATE. R1 BY PUBLIC PROSECUTOR SRI.B.VINOD R2 BY ADV. SMT.MINI R.MENON, ADDL.CGSC R7 BY ADVS.SRI.SANTHEEP ANKARATH, SRI.SUMODH MADHAVAN NAIR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3311/2005 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE PETITIN DTD. 2.9.2005 SUBMITTED BY THE PETITIONER BEFORE THE IST SECRETARY, INDIAN EMBASSY, RIYADH. A2:- COPY OF THE LETTER DTDF. 5.9.2005 SENT BY THE IST SECRETARY, INDIAN EMBASSY, RIYADH TO THE 4TH AND 5TH RESPONDENTS. A3:- COPY OF THE REPRESENTATION DTD. 26.9.2005 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. A4:- COPY OF THE REPRESENTATION DTD. 28.9.2005 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 3 TO 5. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 3311 OF 2005 ------------------------------------------------- DATED THIS THE 4th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the power of attorney holder of the defacto complainant in Crime No.330/2005 of Sooranad Police station for offences punishable under Section 420 and 34 of IPC. 3. Learned Public Prosecutor on instructions states that two cases were registered against respondents 6 and 7. Crime No.330/2005 of Sooranad Police Station, Kollam and Crime No.543/2005 of Pattambi Police station. Crime No.543/2005 has been closed and a report has been filed before the Judicial First Class Magistrate, Pattambi. It is open to the petitioner to file protest petition in the said case. In so far the investigation in Crime No.330/2005 of Sooranad Police station is concerned the matter is being investigated. The alleged transactions occurred in Saudi Arabia and therefore no action can be taken in India. It is open to the petitioner to file appropriate application before the concerned Court. I express no opinion. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge