Haridasan P vs District Police Chief
2021 Latest Caselaw 22365 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 24637 OF 2021
PETITIONER:

          HARIDASAN P,
          AGED 48 YEARS
          S/O. PAZHANIMALA, RESIDING AT UZHAVAPADAMKALAM,
          CHATHAMANGALAM, NEMMARA P.O, CHITTUR TALUK, PALAKKAD
          DISTRICT-678 508

          BY ADV BABY MATHEW



RESPONDENTS:

    1     DISTRICT POLICE CHIEF,
          OFFICE OF THE DISTRICT POLICE CHIEF, PALAKKAD-678 001

    2     DEPUTY SUPERINTENDENT OF POLICE
          ALATHUR, ALATHUR P.O, PALAKKAD DISTRICT-678 541

    3     INSPECTOR OF POLICE,
          NEMMARA POLICE STATION, NEMMARA P.O, PALAKKKAD
          DISTRICT, -678 508

    4     NASEEMA I,
          AGED 31 YEARS
          W/O. KABEER, RESIDING AT NOUSHAD MANZIL, KALLANCODE,
          MALARCODE P.O, ALATHUR TALUK, PALAKKAD DISTRICT-678 703



          SRI.E C.BINEESH - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24637 OF 2021
                                      2



                                JUDGMENT

The petitioner alleges that respondents 2

and 3 are harassing him unnecessarily, by

summoning him to the police station. He says

that he had filed a civil suit against the 4 th

respondent, on the strength of a Sale Agreement

dated 19.10.2019; but that the respondent -

police officers are now summoning to the police

station and forcing him to settle the afore

suit and threatening that if he does not do so,

he will be implicated in Criminal Cases.

2. The petitioner explains that he is

running a studio at Nemmara and that the

constant harassment by the police officers is

now causing him irreparable prejudice, both to

his life and business. He, therefore, prays

that respondents 2 and 3 be directed not to

unnecessarily summon him to the police station

or to thus cause any "harassment". WP(C) NO. 24637 OF 2021

3. In response, the learned Government

Pleader - Sri.E.C.Bineesh, submitted that,

based on the complaint of the 4th respondent,

Crime No.673/2021 has been registered against

the petitioner under Sections 406 and 420 of

the Indian Penal Code. He submitted that

investigation to the said Crime is still going

on; but added that if this Court is so

inclined, the petitioner will be summoned to

the police station in future with respect to

the said Crime only after he is issued with a

notice under Section 41A of the Code of

Criminal Procedure. He submitted that by this,

the apprehension of the petitioner that he is

being unnecessarily "harassed" can be allayed.

4. I must say that I find great force in

the submissions now made by the learned

Government Pleader and am certain that the

petitioner's fears would also be allayed fully,

if not substantially, if his suggestion is WP(C) NO. 24637 OF 2021

accepted.

In the afore circumstances, I order this

writ petition to the limited extent of

directing respondents 2 and 3 to summon the

petitioner to the police station with respect

to Crime No.673/2021, only after he is issued

with a notice under Section 41A of the Code of

Criminal Procedure.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/09/11/2021 WP(C) NO. 24637 OF 2021

APPENDIX OF WP(C) 24637/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE AGREEMENT DATED 19.10.2019 BETWEEN THE PETITIONER AND 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE LAWYER NOTICE DATED 27.08.2021 ISSUED TO THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE PLAINT IN OS NO. 284/2021 ON THE FILES OF MUNSIFF, COURT ALATHUR.

Exhibit P4 TRUE COPY OF THE APPLICATION IN IA NO. 1/2021 IN OS NO. 284/2021.

Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 04.11.2021 SUBMITTED BEFORE THE STATE POLICE CHIEF, DSP, PALAKKAD AND THE DYSP, ALATHUR.