Gouri Shankar Sharma v. The Director General Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 WP(C).No. 26535 of 2015 (N) ---------------------------- PETITIONER:
------------------- GOURI SHANKAR SHARMA, AGED 47 YEARS, S/O.MAGNIRAM SHARMA, MANAGER, M/S.JINDAL ALUMINUM LTD.BRANCH NO.41/155, AMMAN KOVIL ROAD, ERNAKULAM DISTRICT, PIN-682 035. BY ADV. SRI.R.O.MUHAMED SHEMEEM RESPONDENT(S):
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1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN -612 901.
2. THE COMMISSIONER OF POLICE, OFFICE OF COMMISSIONERS, KOCHI CITY, ERNAKULAM, PIN -682 011.
3. THE CIRCLE INSPECTOR OF POLICE, CIRCLE OFFICE, HILL PALACE, THRIPUNITHURA (PO), ERNAKULAM DISTRICT, PIN - 682 301.
4. THE SUB INSPECTOR OF POLICE, UDAYAMPEROOR POLICE STATION, UDAYAMPEROOR, MANAKUNNAM, ERNAKULAM, PIN - 682 307.
5. ROY PAUL, PROPRIETOR, M/S.METALLOIDS STEEL INDUSTRIES VAIKKOM MAIN ROAD, UDAYAMPEROOR, SOUTH PARAVUR, PIN - 682 307.
6. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
R1 TO R4 & R6 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 26535 of 2015 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- P1 - TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF TRADE MARK NO.1129886 DATED 29.08.2002 ISSUED BY THE REGISTRAR OF TRADE MARK. P2 - TRUE COPY OF THE EXTRACT OF REGISTER OF COPY RIGHTS ISSUED BY THE DEPUTY REGISTRAR OF COPY RIGHTS.
P3 - TRUE COPY OF THE LICENCE OF BUREAU OF INDIAN STANDARDS ISSUED BY DEPUTY DIRECTOR GENERAL (SOUTH) FOR BUREAU OF INDIAN STANDARDS. P4 - TRUE COPY OF THE COMPLAINT DATED 22.01.2015 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY COMMISSIONER OF POLICE, KOCHI. P5 - TRUE COPY OF THE COMPLAINT DATED 09.02.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
P6 - TRUE COPY OF THE FIR IN CRIME NO.101 OF 2015 DATED 11.02.2015 OF UDAYAMPEROOR POLICE STATION.
RESPONDENT(S)' EXHIBITS:
NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` W.P.(C) No.26535 of 2015 N ````````````````````````````````````````````````````````````` Dated this the 24th day of November, 2015
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioner and learned Public Prosecutor.
2.
The learned Public Prosecutor submits that the investigation can be handed over to the Circle Inspector of Police, Hill Palace Police Station under the strict supervision of the Assistant Commissioner of Police, Thrikkakkara. The Circle Inspector of Police, Hill Palace Police Station shall take over the investigation, and invoke the provisions under the proviso to Section 41(1) Cr.P.C. in the matter. He shall conduct a fruitful investigation in the matter expeditiously and take stringent actions, if warranted, in the case, under
WPC.26535/2015 : 2 :
the strict supervision of the Assistant Commissioner of Police.
Writ petition is presently closed with liberty to the petitioner to approach this Court again in case of further grievance.
Sd/- (B.KEMAL PASHA, JUDGE) aks/24/11 // True Copy // PA to Judge