SHAJAN SKARIAH Vs. STATE OF KERALA

JUDGEMENT

(1.) The above writ petition is filed with the following prayers:

(2.) When this writ petition came up for consideration, this Court brought to the notice of the counsel appearing for the petitioner that, certain allegations are made against a Member of Legislative Assembly and he is not impleaded in this case and therefore, this Court will not entertain this writ petition. At this stage, the counsel appearing for the petitioner submitted that, he is not pressing those allegations in the writ petition.

(3.) The main prayer in this writ petition is to issue a direction to the 3rd respondent to give direction to his subordinate officers, not to arrest the petitioner without giving sufficient opportunity to explain his stand and without complying the directions issued by the Hon'ble Apex Court in Satender Kumar Antil vs. Central Bureau of Investigation and others [2022 (10) SCC 51]. The second prayer is to issue appropriate direction to the 3rd respondent to instruct his subordinate officers not to arrest the petitioner without issuing notice under Sec. 41A Cr.P.C. The third prayer is to issue a direction to the 2nd respondent to issue necessary directions as contemplated in Satender Kumar's case (supra).