IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 21615 of 2009(V) -------------------------- PETITIONER: --------------- K.V.SIDDIQUE,PROPRIETOR,NASMA FOODS, NEW INDUSTRIAL DEVELOPMENT AREA,KANJIKODE-678621, PALAKKAD DISTRICT. BY ADV. SRI.H.BADARUDDIN SMT.AYSHA RAHMAN SMT.B.SHAMEERA SMT.M.ARCHANA SMT.M.SHAZIA SULTHANA RESPONDENTS: --------------- 1. UNION OF INDIA REP.BY ITS SECRETARY TO GOVERNMENT,MINISTRY OF EXTERNAL AFFAIRS,GOVT.OF INDIA,NEW DELHI. 2. THE OFFICER IN-CHARGE,INDIAM EMBASSY, KINGDOM OF BAHRAIN THROUGH THE MINISTRY OF EXTERNAL AFFAIRS,GOVT.OF INDIA, NEW-DELHI. 3. STATE OF KERALA REPRESENTED BY THE SUPERINTENDENT OF POLICE, PALAKKAD. 4. P.P.SALIM,S/O.PAREED,MANAGER, M/S.KOOKITO GENERAL TRADING,P.O.BOX NO.40082,HAMAD TOWN,KINGDOM OF BAHRAIN,HAVING HIS PERMANENT ADDRES AT PALLIPARAMBIL HOUSE, KARIKEYAM.P.O, CHITTAR,PATHANAMTHITTA, KERALA. 5. M/S.KOOKITO GENERAL TRADING,P.O.BOX.NO. 40082,HAMAD TOWN,KINGDOM OF BAHRAIN. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1,2 BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 21615 of 2009 -------------------------- Dated this the 13th August,2009 J U D G M E N T Petitioner carries on his business in export of pickles, to Bahrain and other countries in U.A.E. Apparently, the 5th respondent which is a business establishment in Bahrain had placed orders on the petitioner for shipment of food items. It was supplied as well. According to the petitioner, the 4th respondent was also responsible for the purchase of the said items from the petitioner. But later, respondents 4 and 5 allegedly defaulted payment due to the petitioner. Petitioner has a made a complaint to the United Kingdom of Bahrain including the 2nd respondent, the officer in charge of the Indian Embassy, Kingdom of Bahrain. This writ petition has been filed praying for the following relief: “(i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to initiate appropriate legal action under the law against the 4th and 5th respondents for redressing the grievance of the petitioner that referred in Ext.P6, as expeditiously as possible in a time frame manner; W.P ( C) No. 21615 of 2009 2 2. Fourth respondent is an Indian citizen. Fifth respondent is a citizen in the United Kingdom of Bahrain. Petitioner has two remedies available. One is to move the Courts in Bahrain and the other is to file a criminal complaint before a court having jurisdiction in India. Magistrate will be competent to order an investigation. But thereafter steps could be taken only in compliance with Sect. 188 of Cr.P.C. At any rate, remedy of the petitioner can move the competent court of jurisdiction within India. Subject to the above, writ petition is disposed of. (V.GIRI,JUDGE) ma W.P ( C) No. 21615 of 2009 3 W.P ( C) No. 21615 of 2009 4