IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 10118 of 2010(L) -------------------------------------- PETITIONER(S): ----------------------- E.B. RAMESH, S/O.E.V. BHASKARAN, AGED 35 YEARS, WORKING AS SPECIAL GRADE VILLAGE OFFICER, MELARCODE VILLAGE, ALATHUR, PALAKKAD. BY ADV. SRI.BIJU M.JOHN RESPONDENT(S): ------------------------- 1. STATE OF KARNATAKA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF AFFAIRS, GOVERNMENT SECRETARIAT, BANGALORE. 2. THE STATION HOUSE OFFICER, CHAMRAJPETT POLICE STATION, BANGALORE. 3. RATNAKUMAR, SUB INSPECTOR, CHAMRAJPETT POLICE STATION, BANGALORE. 4. THAHSILDAR, TALUK OFFICE, ALATHUR, PALAKKAD DISTRICT. 5. ACHUTHANKUTTI, S/O. NOT KNOWN, AGED ABOUT 45 YEARS, RESIDING AT CHAITANYA, KAROTTU GRAMAM, PERUMKULAM POST, ALATHUR, PALAKKAD DISTRICT - 678 542. 6. MURALI, S/O. NOT KNOWN, AGED ABOUT 40 YEARS, RESIDING AT SREE SADAN, WEST VILLAGE, PERUMKULAM POST, ALATHUR, PALAKKAD DISTRICT - 678 542. R2 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.10118 of 2010-L ---------------------------------------------- Dated, this the 31st day of March, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs:-- “i. to issue a writ of mandamus or any other writ or direction to call for the records relating to the offence alleged in Crime No.39/2010 of 2nd respondent lodged before ACMM-1 Bangalore. ii. to issue a writ of mandamus or any other writ or direction to Ist and 3rd respondents that not to make any harassment towards the petitioner in connection with any crime where the petitioner is not involved directly or indirectly and not having valid proof of commission of any offence.” 2. Learned Government Pleader on instruction submits that petitioner is the Chief Promoter of ASCEND FOREX and the Karnataka High Court has directed the investigating agency to record the statements from all the promoters and to register crime if necessary. It is submitted that the Karnataka High Court has also directed the petitioner WPC 10118/2010 -2- to cooperate with the investigation. Learned Government Pleader also submits that there is no crime as such registered against the petitioner as of now. It is submitted that the presence of the petitioner is necessary for effective investigation. We dispose of the writ petition leaving it free to the official respondents to proceed with the investigation of the matter in accordance with law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS