P.M.Shameer vs Commissioner Of Police
2021 Latest Caselaw 17576 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                          WP(C) NO. 17072 OF 2021


PETITIONER:

              P.M.SHAMEER, S/O. MOHAMMED ISMAIL, PANAMTHUNDIL HOUSE,
              THRIKKOVILAVATTOM VILLAGE, KANNANALLOOR P.O. KOLLAM.

              BY ADVS.
              A.JAYASANKAR
              MANU GOVIND



RESPONDENTS:

     1        COMMISSIONER OF POLICE,
              KOLLAM CITY, KOLLAM 691 001.

     2        CIRCLE INSPECTOR OF POLICE,
              KANNANALLOOR , KOLLAM 691 576.

     3        YUSUF KUNJ, S/O. NOORUDHEEN KUNJ, MAVAYYATH HOUSE,
              MULLIKKALA, THEVALAKKARA P.O. KARUNAGAPPALLY,
              KOLLAM 690 524.

              GP - E.C BINEESH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 17072/21
                                          2



                              JUDGMENT

The petitioner has filed this Writ Petition

alleging that the 2nd respondent - Circle Inspector

of Police, Kannanalloor, Kollam, is threatening

him, under the influence of the 3rd respondent,

with respect to certain financial transactions,

which he had with the latter.

2. The petitioner concedes that he has

constructed a Mall which was leased out to the 3 rd

respondent and that the said respondent has

impelled allegation against him that certain

amounts are due to him. He says that, as is

evident from the allegation itself, disputes

between the parties are in the realm of civil law;

but that the 2nd respondent is unnecessarily

interfering with the same, requiring him to settle

the matter. He, therefore, prays that the 2 nd

respondent be directed not to summon or harass him WPC 17072/21

in any manner, with respect to the aforesaid

transaction between him and the 3rd respondent.

3. The learned Government Pleader -

Sri.E.C.Bineesh, contraverted the allegations made

afore by the petitioner through his learned

counsel - Smt.Aisha John, submitting that the 3rd

respondent has filed a complaint against him,

which has only been properly investigated into by

the 2nd respondent. He submitted that an FIR has

been registered based on the same, under Sections

406 and 420 of the Indian Penal Code and that

there is, as at present, no proposal to arrest

him. He submitted that, therefore, the

apprehensions of the petitioner are wholly without

basis.

4. When I consider the afore submissions, it

is evident that the unequivocal stand of the 2 nd

respondent is that he is not summoning or

harassing the petitioner in any manner and that he

is only investigating into a complaint filed by WPC 17072/21

the 3rd respondent.

In the afore circumstances, I dispose of this

Writ Petition, recording the afore submissions of

the learned Government Pleader; and making it

clear that if the petitioner is required to be

summoned for any purpose relating to the complaint

filed by the 3rd respondent, he shall be first

issued with an apposite notice under Section 41A

of the Criminal Procedure Code.

Sd/-

RR                                 DEVAN RAMACHANDRAN
                                        JUDGE
 WPC 17072/21


               APPENDIX OF WP(C) 17072/2021

PETITIONER EXHIBITS

Exhibit P1        TRUE RETYPED COPY OF THE COMPLAINT

DATED 13.8.2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

Exhibit P2 TRUE TYPED COPY OF RECEIPT NO.

2525/CAMP/PTN/2021-QC DATED 13.08.2021 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT.