Kottikulam Naduthoppil Mohammed Fiffrey v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 Crl.MC.No. 1761 of 2015 --------------------------------- AGAINST CRIME NO.RC 12(A)/99 CBI, SPE, KOCHI. .......

PETITIONER(S)/ACCUSED:

-------------------------------------- KOTTIKULAM NADUTHOPPIL MOHAMMED JIFFREY, S/O.LATE K. N. KUNHI AHAMED, KOTTIKULAM NADUTHOPPIL HOUSE, KOTTIKULAM, BEKAL POST, KASARAGOD DISTRICT, KERALA STATE, PIN - 671 318. BY ADV. SRI.MANJERI S. SUNDERRAJ RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, HOME MINISTRY, BORTH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110 001. R1 BY PUBLIC PROSECUTOR SMT. S.HYMA R2 BY ADVS. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL SRI.ABHILASH KUMAR G.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 1761 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1: TRUE COPY OF PETITIONER'S SRILANKAN PASSPORT NO. 3587421 DATED 25/09/2013 VALID UPTO 25/09/2023.

ANNEXURE A2: TRUE COPY OF ORDER DATED 10/12/2013 IN CRL.M.C.NO. 5979/2013 OF THIS HON'BLE COURT.

ANNEXURE A3: TRUE COPY OF ORDER DATED 12/02/2014 IN CMP NO. 54/2014 IN CC 765/2002 PASSED BY CHIEF JUDICIAL MAGISTRATE, ERNAKULAM. ANNEXURE A4: TRUE COPY OF O.C.I (OVERSEAS CITIZENSHIP OF INDIA) WITH VIDE REFERENCE TO FILE NO. LKAC00009914 ON THE BASIS OF ONLINE REG.NO. LKAC0039714 U/S 7(A) OF THE CITIZENSHIP ACT AS PER CONFIRMATION DATED 10/07/2014.

ANNEXURE A5: TRUE COPY OF LETTER OF CLEARANCE OF FRRO, KASARAGOD DATED 20/03/2014 ANNEXURE A6: TRUE COPY OF LETTER DATED 29/09/2014 FROM HIGH COMMISSION OF INDIA, COLOMBO.

ANNEXURE A7: TRUE COPY OF REPRESENTATION DATED 07/11/2014 BEFORE THE CENTRAL HOME MINISTRY DIRECTLY AND THROUGH THE MEMBER OF PARLIAMENT OF THE CONSTITUENCY.

ANNEXURE A8: TRUE COPY OF REPLY DATED 23/12/2014 SENT BY HON'BLE HOME MINISTER SRI.RAJNATH SINGH TO SRI.P.KARUNAKARAN, MEMBER OF PARLIAMENT, KASARAGOD.

ANNEXURE A9: TRUE COPY OF LETTER DATED 30/01/2015 SENT BY MEMBER OF PARLIAMENT SRI.P.KARUNAKARA TO THE HON'BLE HOME MINISTER, GOVERNMENT OF INDIA.

RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

P. UBAID, J.

--------------------------------------- Crl.M.C.No.1761 of 2015 --------------------------------------- Dated this the 26th day of March, 2015

O R D E R

The petitioner herein is a Srilankan national. He seeks prohibitory order under Section 482 Cr.P.C., restraining the police from proceeding against him under the Foreigners' Act, on the ground of over-stay in India. Now, there is no representation on his behalf. I find that he will have to file proper proceeding for the relief sought. The relief as sought under Section 482 Cr.P.C. cannot be granted. He will have to seek appropriate writ under Article 226 of the Constitution if India. Presently, there is no criminal proceeding against him, and there is no scope or reason to invoke under Section 482 Cr.P.C. I find that this Crl.M.C. is liable to be closed without being admitted to files. In the result, this petition is dismissed in limine, without being admitted to files, and without prejudice to the right of the petitioner to bring appropriate proceeding for the proper remedy. Sd/- P. UBAID, JUDGE sd