Kerala High Court
Binu Mohan vs State Of Kerala on 13 August, 2021
WP(C) NO. 15515 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
WP(C) NO. 15515 OF 2021
PETITIONER/S:
BINU MOHAN,
AGED 45 YEARS,
S/O. MOHAN, MODIYIL HOUSE, NEAR DEVADAR R.O.B, K
PURAM P.O, MALAPPURAM DISTRICT.
BY ADVS.
P.T.SHEEJISH
P.K.PURUSH
HARIKIRAN
JASHITHA VIJAYAN
STEPHY GRACE RAJ
PRAVEENKUMAR P.
P.SREELAKSHMI
A.ABDUL RAHMAN (A-1917)
AKHILA SRIDHARAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME
AFFAIRS, THIRUVANANTHAPURAM, PIN - 695001.
2 THE SUPERINTENDENT OF POLICE,
MALAPPURAM, UPHILL P.O, MALAPPURAM DISTRICT -
676505.
3 THE DEPUTY SUPERINTENDENT OF POLICE
TANUR, TANUR P.O, MALAPPURAM DISTRICT, PIN -
676301.
4 CIRCLE INSPECTOR OF POLICE,
TANUR CIRCLE, TANUR P.O, MALAPPURAM DISTRICT, PIN -
676301.
5 RASILA K.P,
W/O. SHAJI K.P, ONATH, VATTAMKULAM, P.O OZHUR,
MALAPPURAM DISTRICT, PIN - 676307.
WP(C) NO. 15515 OF 2021 2
E C BINEESH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 15515 OF 2021 3
JUDGMENT
The petitioner states that he is the proprietor of concern by name
'Aharon Enterprises'. His grievance in this writ petition is that respondents 3
and 4 are unnecessarily summoning the petitioner to the Police Station on
the basis of some complaint lodged by the 5th respondent, a former
employee of the petitioner. His prayer in this writ petition is for issuance of
directions to the respondents 3 and 4 from harassing the petitioner and for a
further direction to issue advance notice under Section 41A of the Cr.P.C., if
his presence is required in connection with the investigation, if any,
conducted.
2. The petitioner states that the 5th respondent was a former
employee. On numerous occasions, she had borrowed money and the
petitioner had advanced amounts. Recently, due to various reasons, the
petitioner had to close down the establishment. The 5th respondent
demanded that she was in distress and demanded a sum of Rs. 3 lakhs by
way of loan. Due to the impecunious circumstances that the petitioner was
in, he refused to oblige. Chagrined by the refusal, the 5th respondent
approached the 4th Respondent and lodged a complaint levelling false
accusations against the petitioner. The allegations are false and frivolous
that the obvious intention of the 5th respondent is to blackmail the
petitioner. However, respondents 3 and 4 without ascertaining the
genuineness of the allegations are repeatedly summoning the petitioner to
the Police station. Being aggrieved, the petitioner approached this Court and
preferred a petition under Section 438 of the Code of Criminal Procedure.
3. On instructions, the learned Government Pleader submitted that
no crime was registered and accordingly this Court was pleased to close the
bail application. The petitioner contends that he had filed a detailed
complaint before the 2nd respondent narrating all the relevant facts.
However, the harassment of the petitioner by respondents 3 and 4 are
continuing unabated. It is in the above circumstances that the petitioners are
before this Court seeking directions. The learned Government pleader, on
the basis of instructions, obtained from the official respondents submitted
that the 5th respondent had lodged the complaint alleging that the petitioner
had been making unwanted calls after she had resigned from the concern of
the petitioner. On receipt of the complaint, in order to ascertain the
genuineness of the allegations, the petitioner was summoned to the Police
station. It is submitted that no crime has been registered to date and the
Police have no intention to harass the petitioner or to summon him to the
Police station. The said submission is recorded.
4. I have heard Sri. P.T.Sheejish, the learned counsel appearing for
the petitioner, and Sri.E.C.Bineesh, the learned Government Pleader.
5. As per Section 63 of the Police Act, if any person brings to notice
the circumstance of a dispute between any individuals or groups which if not
resolved at the earliest is likely to culminate into a cognizable offence, the
Station House Officer is required to take steps to
(a) to ascertain the facts and circumstances of the matter by
interacting with the individuals concerned or to others acquainted
with such facts; or
(b) to give warning in writing to any individuals or all groups involved
in the dispute against the doing of any unlawful act in continuation
of the dispute; or
(c) to encourage individuals or groups involved in the dispute to
redress the dispute through mutual discussion or through mediation;
or
(d) to advise individuals or groups to approach the Competent Court
having jurisdiction for redressing the dispute; or
(e) to require the individuals or groups to seek redressal of the
dispute by appearing before an Executive Magistrate having
jurisdiction; or
(f) to report facts before the Magistrate having jurisdiction for taking
suitable action against any individual or all groups under the
provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974)).
6. From the submissions of the learned Government Pleader, it is
apparent that the Police were merely discharging their duties on receiving a
complaint from a lady that unwanted calls were being made by the petitioner
causing her annoyance. It is now submitted that no crime has been
registered and the Police have no intention to summon the petitioner in
connection with the complaint lodged by the 5th respondent. The said
submission has already been recorded. Now that respondents 3 and 4 have
undertaken before this Court that the Police have no reason to summon the
petitioner, the petitioner cannot have any further grievance. However, if the
information is received of the commission of cognizable offences or of a
situation warranting interference by the Police, the Police shall act strictly in
terms of the provisions of the Code of Criminal Procedure and if the presence
of the petitioner is required, advance notice under Section 41A of the Cr.P.C.
shall be issued.
With the above observations, this writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
PS
APPENDIX OF WP(C) 15515/2021
PETITIONER (S) EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED
06.07.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
Exhibit P2 THE TRUE COPY OF THE EMAIL RECEIPT OF
ANNEXURE A1 COMPLAINT DATED 06.07.2021.
Exhibit P3 THE TRUE COPY OF THE ORDER IN BA NO.
5171/2021 DATED 22.07.2021.
RESPONDENT (S) EXHIBITS: NIL
