Mohammad Rafeek vs State Of Kerala
2021 Latest Caselaw 20312 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                       WP(C) NO. 20074 OF 2021
PETITIONER:

          MOHAMMAD RAFEEK
          AGED 48 YEARS
          S/O.HAMSA, BAITHUM NOOR (HOUSE), AYANIKKAD P.O.,
          VADAKARA, NOW RESIDING AT DOOR NO.5 A, KATTOOR,
          KENDAIYUR ROAD, METTUPALAYAM, COIMBATORE, PIN-641305.

          BY ADV DENIZEN KOMATH



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2     STATION HOUSE OFFICER
          VADAKARA POLICE STATION, KOZHIKODE, PIN-673504.

    3     DEPUTY SUPERINTENDENT OF POLICE
          VADAKARA, O/O.VADAKARA BEACH, KOZHIKODE, PIN-673103.

    4     AMMAD PANNIYODAN CHARIVATH,
          S/O.ABDULLAH PANNIYODAN VELLILADY, MEMUNDA P.O.,
          VADAKARA, KOZHIKODE RURAL, PIN-673104.



          SRI E C BINEESH - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20074 OF 2021
                                    2



                              JUDGMENT

The petitioner says that he had entered into an agreement for

sale of a property in Tamilnadu with the 4th respondent and that

certain disputes arose between them relating to it. The petitioner

says that the 4th respondent, thereafter, filed a complaint against

him in a police station in Tamilnadu and thereafter another, on the

same set of allegations, before the Judicial First Class Magistrate.

Vadakara, which led to a Crime being registered against him. He

submits that he has already approached this Court, through

Crl.M.C.No.8033 of 2019 and that all proceedings thereon have

been now stayed.

2. The petitioner, however, alleges that in spite of this,

the respondents - Police Authorities, are still calling him to the

police station and forcing him to settle the disputes with the 4 th

respondent. He asserts that the police Authorities have no

authority to do so, particularly because the aforementioned

disputes are in the realm of civil law. The petitioner, therefore, WP(C) NO. 20074 OF 2021

prays that respondents 2 and 3 be directed not to "harass him" or

to force him to settle the afore said disputes with the 4 th

respondent

3. I have heard Smt.Mereena J. Joseph - learned counsel

for the petitioner and Sri.E.C.Bineesh - learned Government

Pleader appearing for the respondents 2 and 3.

4. I have not issued notice to the 4th respondent, since the

directions that I propose herein will not prejudice him in any

manner whatsoever.

5. Sri.E.C.Bineesh - the learned Government Pleader,

submitted that the police have not intervened in the civil disputes

between the parties, but have only made some enquiry when the

Crime was registered against the petitioner. He submitted that

since the matter has now been stayed by this Court, no further

investigation is being carried on.

In the afore circumstances and taking note of the

submissions of the learned Government Pleader, I allow this writ WP(C) NO. 20074 OF 2021

petition and direct respondents 2 and 3 not to summon the

petitioner to the police station or to cause any inconvenience to

him, except after he is issued with a notice under Section 41A of

the Code of Criminal Procedure.

Needless to say, the 4th respondent will be at full liberty to

pursue his case against the petitioner, notwithstanding the afore

directions, in the Crl.M.C.No.8033/2019 now pending before the

Court; and the directions afore issued shall stand modulated in

adherence to the orders to be issued in the said case.

Sd/-

DEVAN RAMACHANDRAN

JUDGE SAS/30/09/2021 WP(C) NO. 20074 OF 2021

APPENDIX OF WP(C) 20074/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE 4TH RESPONDENT BEFORE THE SUPERINTENDENT OF POLICE, VADAKARA DATED 15.11.2017.

Exhibit P2 TRUE PHOTOCOPY OF THE FIR IN CRIME NO.1544/2017 OF 2ND RESPONDENT POLICE STATION.