Nadheer vs The Commissioner Of Police, ...
2021 Latest Caselaw 21082 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                      WP(C) NO. 19788 OF 2021
PETITIONER:

          NADHEER
          AGED 33 YEARS
          S/O.ALI, ATTAKUNDIL(H), NAYARKUZHY.P.O, KOZHIKODE
          DISTRICT, PIN-673601.
          BY ADVS.
          JACOB GEORGE
          K.A.MANZOOR ALI
          ASIF M


RESPONDENTS:

    1     THE COMMISSIONER OF POLICE, KOZHIKODE
          KOZHIKODE CITY, KOZHIKODE-673004.
    2     THE STATION HOUSE OFFICER
          KUNNAMANGALAM POLICE STATION, POLICE STATION ROAD,
          KOZHIKODE-673571.
    3     THE SUB INSPECTOR OF POLICE,
          KUNNAMANGALAM POLICE STATION, POLICE STATION ROAD,
          KOZHIKODE-673571.
    4     SHABEER.C.M,
          AGED 35 YEARS
          S/O MARAKKAR, KURUPPATH HOUSE, KONDOTTY KARA,
          KONDOTTY VILLAGE, MALAPPURAM DISTRICT,
          PIN-673638.




          SRI.E C.BINEESH - GP
 W.P.(C)No. 19788 of 2021                  2




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.10.2021,           THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C)No. 19788 of 2021              3




                                 JUDGMENT

The petitioner alleges that he is being harassed by the

2nd and 3rd respondents, by summoning him to the police

station repeatedly, even though he is a person with 40%

permanent disability.

2. The petitioner explains that he and the 4th

respondent - who is stated to be his classmate - began a

business and that certain disputes arose between them with

respect to it. He says that even though the issues between

the parties are purely in the realm of civil law, respondents 2

and 3 have unnecessarily intervened and repeatedly

summoned him to the police station, thereby causing great

vexation. The petitioner, therefore, prays that respondents 2

and 3 be directed not to intervene in the civil disputes

between the parties and not to "harass" him any further.

3. I notice from the file that summons issued from this

Court to the 4th respondent has not yet been returned, but

am of the view that I will be justified in disposing of this writ

petition on account of the reasons I will presently state.

4. Sri.E.C.Bineesh - learned Government Pleader

appearing for respondents 1 to 3, submitted that, on receiving

a complaint from the petitioner against the 4 th respondent, the

police summoned him to the station to make enquiries. He

added that it is then that the police came to understand that

the disputes are civil in nature, since it involved financial

dealings between the parties and therefore, that same was

closed, advising the petitioner to approach the competent

Forum or Court for ventilation of this grievances. He alleged

that it is this which is now illegally projected by the petitioner

to be "harassment".

5. When I evaluate the afore submissions, it is evident

that it is based on the petitioner's complaint against the 4 th

respondent that the police acted. However, since they now

say that said complaint has been closed, finding the

allegations therein to be of "civil nature". It is now upto the

petitioner to take necessary action, either for redress of his

grievances or for such other purposes; for which he will have

to invoke the jurisdiction of the competent Forum / Court.

In the afore circumstances, recording the afore

submissions of the learned Government Pleader -

Sri.E.C.Bineesh, I close this writ petition without any further

orders; however, leaving full liberty to the petitioner to invoke

all his remedies, as may be available to him under law.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/22.10.2021.

APPENDIX OF WP(C) 19788/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED FROM THE MEDICAL BOARD, MEDICAL COLLEGE HOSPITAL, KOZHIKODE, DATED 26.8.2003.

Exhibit P2                    TRUE COPY OF THE PLAINT IN
                              O.S.NO.112/2021 OF MUNSIFF COURT,
                              KOZHIKODE.
Exhibit P3                    TRUE COPY OF THE ORDER IN INTERIM

INJUNCTION GRANTED BY THE MUNSIFF COURT- II, KOZHIKODE IN I.A.NO.2/2021 IN O.S.NO.112/2021.

Exhibit P4 TRUE COPY OF THE LAWYER NOTICE DATED 8.4.2021 ISSUED TO THE 1ST RESPONDENT.