IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25122 of 2011(M) ---------------------------------------- PETITIONER(S): ---------------------- N MART RETAILS, A DIVISION OF NEW LOOK MULTITRADE PVT. LTD, REG. OFFICE; NO.9, SAI DARSHAN, IST FLOOR, OPP. KASTHURIBA MARG P.S, BORIVALLI (E), MUMBAI, MAHARASTRA, REP. BY AUTHORISED OFFICER, MR.DINESAN. K, S/O.N. KRISHNAN NAIR, KUNNUMMEL HOUSE, ALACHERY. P.O, CHITTARIPARAMBU, KANNUR. BY ADV. SRI.V.BINOY RAM, SRI.K.JAYACHANDRAN (MADATHIL). RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, HOME DEPARTMENT, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001. 3. DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689 645. 4. C.I. OF POLICE, RANNI, PATHANAMTHITTA-689 645. 5. DEPUTY SUPERINTENDENT OF POLICE, THRISSUR-680 001. 6. DEPUTY SUPERINTENDENT OF POLICE, KOZHIKODE-673 001. R1 TO R6 BY GOVT. PLEADER SMT.C.M. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 25122 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER OF AUTHORITY ISSUED BY THE CMD OF NEWLOOK MULTITRADE PVT. LTD. IN FAVOUR OF THE PETITIONER. EXT.P2: COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE REGISTRAR OF COMPANIES, MUMBAI, MAHARASTRA, IN FAVOUR OF THE NEWLOOK MULTITRADE PVT. LTD. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 25122 of 2011 ----------------------------------------------- Dated this the 28th day of September, 2011 J U D G M E N T Pius C.Kuriakose, J. This writ petition has been filed by a company which conducts and promotes various types of business in consumer products and industrial goods complaining that respondent Nos. 3 to 6 officers of police are harassing them i.e., their functionaries in their various branches. 2. The learned Government Pleader on the basis of instructions submitted that a complaint was received from a person by name Thomaskutty that the petitioner is indulging in violation of the provisions of Prize Chits Money Circulation (Banning) Act, 1978 and other illegal activities to the detriment of the complainant. In connection with that complaint only, some of the functionaries of the petitioner company were asked to be present. The preliminary enquiry revealed that the allegations are not correct. The attendance of the functionaries of the petitioner company is WP(C). 25122/11 -2- no longer required. The action of the petitioners at any rate, cannot be branded as harassment. 3. Having regard to the submissions of the learned Government Pleader we are of the view that it is not necessary to issue the directions sought for in this writ petition. However, we dispose of the writ petition directing respondent Nos. 3 to6 and any other police officer under them to issue notice to anybody connected with the management of the petitioner company or any of its branches under section 160 Cr. P.C. if their attendance is necessary. If during the course of the enquiry it is revealed that any one of them is liable to be arrested, the provisions of Section 41A to D of the Cr.P.C. as well as the guidelines of the Supreme Court as regards arrest should be strictly complied with. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-