SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2014 Supreme(Ker) 882

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
Gopalapuram Thangalakshmi Chits Pvt. Ltd. – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioner:Sri. Sajan Vargheese K. and Sri. Liju. M.P, Advocates
For the Respondent: Sri. P .Vijayaraghavan, State Attorney

JUDGMENT :

Thottathil B. Radhakrishnan, J.

Heard.

2. These writ petitions are by two companies claiming that they are duly registered to conduct chitty transactions, having head office outside the State of Kerala but having subscribers in the State of Kerala. According to them, their collection agents are harassed by the local police in the State of Kerala on the premise that they are violating the provisions of the Kerala Money Lenders Act, 1968 and the Kerala Prohibition of Charging Exorbitant Interest Act, 2012 and also on the premise of having committed offences punishable under Section 420 of I.P.C. The different statements filed by the official respondents show that there are complaints registered against persons who are stated to be employed by the petitioners.

3. A writ petition complaining police harassment cannot be prosecuted to get the seal of approval of the High Court for any particular nature of transaction for one to claim insulation from legal action in accordance with law, even in criminal jurisdiction.

4. A complaint made by a citizen to the jurisdictional Magistrate or a first information statement to the jurisdictional police, leading to the lodgment of FIR, will ha



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top