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M/S. EXXON MOBIL LUBRICANTS (P) LTD. versus STATE OF KERALA

High Court of Kerala

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M/S. EXXON MOBIL LUBRICANTS (P) LTD. v. STATE OF KERALA - WP(C) No. 645 of 2007(B) [2007] RD-KL 378 (5 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 645 of 2007(B)

1. M/S. EXXON MOBIL LUBRICANTS (P) LTD.,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. THE CHIEF CONTROLLER OF LEGAL METROLOGY,

3. THE SENIOR INSPECTOR OF

For Petitioner :SRI.C.G.SUNIL

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :05/01/2007

O R D E R

R.BASANT, J

W.P(C).No.645 of 2007

Dated this the 5th day of January, 2007



JUDGMENT

The petitioner is M/s.Exxon Mobil Lubricants Pvt. Ltd. The short grievance of the petitioner is that a non bailable warrant issued by the learned Judicial Magistrate of the First Class, Kasaragod is attempted to be executed unnecessarily and unjustifiably against the petitioner by the respondent. The accused in that case is M/s.Esso Petroleum Pvt. Ltd. The petitioner is not the said accused. Even otherwise it is submitted that no non bailable warrant of arrest can be issued against a corporate entity.

2. I find the objections raised to be absolutely justified. Ext.P1 letter issued by the complainant to the petitioner suggests and indicates that proceedings may be taken against the petitioner to execute the warrant.

3. Needless to say, a process issued by a criminal court can be executed only against the person against whom it is directed. The petitioner cannot be proceeded against, since he is not shown to be the accused in C.C.No.219 of 2006. I am of opinion that no further directions need be issued. A copy of this Order shall be communicated to the learned Chief Judicial Magistrate. The learned Government Pleader shall communicate a copy of this order to the complainant also. W.P(C).No.645 of 2007 2 With the above observations/directions, this Writ Petition is, dismissed.

(R.BASANT, JUDGE)

rtr/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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