High Court Kerala High Court

M/S Akai Creations Cinema Pvt Ltd vs State Of Kerala on 17 September, 2009

Kerala High Court
M/S Akai Creations Cinema Pvt Ltd vs State Of Kerala on 17 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18024 of 2009(Q)


1. M/S AKAI CREATIONS CINEMA PVT LTD.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. THE COMMISSIONER OF POLICE,

3. THE CIRCLE INSPECTOR OF POLICE,

4. THE SUB INSPECTOR OF POLICE,

5. SRI. BAIJU D.D, S/O. MATHEW, AGED 34

                For Petitioner  :SRI.ABRAHAM MATHEW (VETTOOR)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :17/09/2009

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
            W.P.(C).No. 18024      OF 2009
            ===========================

    Dated this the 17th day of September,2009

                       JUDGMENT

The Writ Petition is filed for a direction to

respondents 2 to 4, to arrest fifth respondent the

accused in C.C.1129/2000 on the file of Judicial First

Class Magistrate-II contending that inspite of the non-

bailable warrant issued, fifth respondent is not being

arrested.

2. In view of the allegation raised in the

petition, report was called from Judicial First Class

Magistrate, Ernakulam whether non-bailable warrant is

pending. The report received discloses that a non-

bailable warrant was issued to the petitioner himself

on his request on 20.5.2005 and the non-bailable

warrant was not returned and thereafter no further

non-bailable warrant was issued by the court. In such

circumstance,petitioner is not entitled to allege non

action on the part of the police officer. Petition is

bereft of bonafides. The petition is dismissed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

2

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006