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2025 DAILYLAW 3795 (KER)

IDBI BANK LTD. v. MAHFOOSE.M.D

WP(Crl.)/226/2025 · 2025-04-03

Kauser Edappagath

body2025

Judgment text

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WP(CRL.) NO. 226 OF 2025 1 2025:KER:28456 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(CRL.) NO. 226 OF 2025 PETITIONER: IDBI BANK LTD. DOOR NO. KMCXVI 665-675, CHEROOR COMPLEX, OPP. NEW BUS STAND, KASARAGOD REPRESENTED BY ITS BRANCH MANAGER, PIN - 671121 BY ADVS. C.AJITH KUMAR RAJEEVU L.G. VARSHA S.S. RESPONDENTS: 1 MAHFOOSE.M.D S/O.ISMAIL.M.D, BEVINJA MUNDANGALAM HOUSE, CHENGALA VILLAGE, THEKKILFERRY (P.O), KASARAGOD, PIN - 671541 2 CENTRAL BUREAU OF INVESTIGATION ANTI CORRUPTION BRANCH, KATHRIKKADAVU, KALOOR, KOCHI REPRESENTED BY SUPERINTENDENT., PIN - 682017 WP(CRL.) NO. 226 OF 2025 2 2025:KER:28456 3 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4 RESERVE BANK OF INDIA CENTRAL OFFICE, 4TH FLOOR, AMAR BUILDING, MUMBAI REPRESENTED BY ITS CHIEF GENERAL MANAGER., PIN - 400001 5 KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD, INDUSTRIAL INFRASTRUCTURE AND DEVELOPMENT DIVISION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, REPRESENTED BY MANAGING DIRECTOR, PIN - 695001 6 OFFICE OF THE SUPERINTENDING ENGINEER PWD ROADS AND BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM., PIN - 695033 7 KERALA FINANCIAL CORPORATION M.G.ROAD, KASARAGOD H.O, KASARAGOD, REPRESENTED BY BRANCH MANAGER., PIN - 671121 BY ADVS. ADV. VENUGOPAL M.R. DHANYA P.ASHOKAN (SR.)(K/001671/2000) S. MUHAMMAD ALIKHAN(K/000644/2020) ANJANA S. RAJ(K/001318/2024) SHRI.P.NARAYANAN, SPL. G.P. SHRI.SAJJU.S., SRI.SHAILAJAN, SC SRI.SREELAL N. WARRIAR, SC THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) NO. 226 OF 2025 3 2025:KER:28456 J U D G M E N T The main prayer in the writ petition is to give a direction to the 3rd respondent to grant necessary consent to the 2nd respondent as stipulated under Section 6 of the Delhi Special Police Establishment Act, 1946 for enabling the 2nd respondent to investigate Ext.P12 complaint filed by the petitioner. 2. The learned Special Government Pleader, Sri.Narayanan, has produced a copy of Government Order issued by the State Government as G.O.(MS) No.59/2025/HOME dated 23.03.2025 whereby consent has been granted to the 2nd respondent as prayed for in the writ petition. Hence, this writ petition is closed. DR.KAUSER EDAPPAGATH, JUDGE AS WP(CRL.) NO. 226 OF 2025 4 2025:KER:28456 APPENDIX OF WP(CRL.) 226/2025 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF SANCTION LETTER DATED 28/09/2018 EXHIBIT-P2 TRUE COPY OF LETTER DATED 10/06/2020 SUBMITTED BY THE 1ST RESPONDENT EXHIBIT-P3 TRUE COPY OF THE FORGED LETTER DATED 30/10/2018 PURPORTED TO BE ISSUED BY 5TH RESPONDENT EXHIBIT-P4 TRUE COPY OF THE POWER OF ATTORNEY DATED 01/10/2018 PURPORTED TO HAVE ISSUED IN FAVOUR OF THE PETITIONER BY THE 1ST RESPONDENT EXHIBIT-P5 TRUE COPY OF THE LETTER DATED 14/08/2020 ISSUED BY 5TH RESPONDENT EXHIBIT-P6 RUE COPY OF THE LETTER DATED 08/11/2022 ISSUED BY 5TH RESPONDENT EXHIBIT-P7 TRUE COPY OF POWER OF ATTORNEY DATED 12/07/2018 FAVOURING THE PETITIONER EXHIBIT-P8 TRUE COPY OF THE COVERING LETTER DATED 05/10/2018 ISSUED BY 6TH RESPONDENT, ACTING UPON EXT.P6 EXHIBIT-P9 TRUE COPY OF THE LETTER DATED 16/09/2020 ISSUED BY 6TH RESPONDENT EXHIBIT-P10 TRUE COPY OF E-MAIL DATED 14/08/2020 ISSUED BY 7TH RESPONDENT EXHIBIT-P11 TRUE COPY OF FRAUD MONITORING RETURN DATED 01/03/2023 SUBMITTED BY THE WP(CRL.) NO. 226 OF 2025 5 2025:KER:28456 PETITIONER BEFORE THE 4TH RESPONDENT EXHIBIT-P12 TRUE COPY OF COMPLAINT DATED 08/01/2024, FILED BEFORE THE 2ND RESPONDENT EXHIBIT-P13 TRUE COPY OF THE LETTER DATED 31/05/2019 ISSUED BY THE MINISTRY OF FINANCE DEPART OF FINANCIAL SERVICES, VIGILANCE SECTION, GOVERNMENT OF INDIA EXHIBIT-P14 TRUE COPY OF LETTER DATED 28/08/2024 ISSUED BY 2ND RESPONDENT EXHIBIT-P15 TRUE COPY OF LETTER DATED 06/09/2024 SENT TO THE 3RD RESPONDENT EXHIBIT-P16 TRUE COPY OF REMINDER LETTER DATED 03/10/2024 SENT TO THE 3RD RESPONDENT EXHIBIT-P17 TRUE COPY OF REMINDER LETTER DATED 04/11/2024