Sarath Menon vs The Assistant Sub Inspector Of ...
2022 Latest Caselaw 3865 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                          WP(C) NO. 5758 OF 2022
PETITIONER:

              SARATH MENON,
              AGED 32 YEARS
              S/O.JAYAPRAKASH, ANCHATH HOUSE, KOLATHUR, THRISSUR
              DISTRICT-680 305.

              BY ADVS.
              SANTHOSH P.PODUVAL
              R.RAJITHA
              CHITHRA S.BABU
              R.N.SANDEEP


RESPONDENTS:

     1        THE ASSISTANT SUB INSPECTOR OF POLICE,
              NEDUMBASSERY AIRPORT POLICE STATION,
              ERNAKULAM DISTRICT-683 585.

     2        THE CIRCLE INSPECTOR OF POLICE,
              NEDUMBASSERY AIRPORT POLICE STATION,
              ERNAKULAM DISTRICT-683 585.

     3        THE DISTRICT POLICE CHIEF,
              ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT-683 101.

     4        ATHIRA VIJAYAKUMAR,
              D/O.VIJAYAKUMAR, VAKKAYIL HOUSE (SANTHOSH BAHVAN),
              EAST DESOM, DESOM P.O., U.C.COLLEGE, ALUVA,
              ERNAKULAM DISTRICT-683 012.

              BY ADVS.
              V.J.JOSEPH
              SAJAN PUTHENVEETTIL
              SRI.T.K.SHAJAHAN SR.PP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5758 OF 2022                       2




                                       JUDGMENT

The writ petition is filed seeking the following reliefs:-

I.Issue a writ of mandamus or other appropriate writ, order or direction, commanding the 1st and 2nd respondents not to harass the petitioner in connection with investigation based on Exhibit P1 FIR.; II. Issue a writ of mandamus or other appropriate writ, order or direction, directing the 1st and 2nd respondent to conclude the investigation on the basis of Exhibit P1 FIR within a time limit as may be prescribed by this Hon'ble Court.;

III. Issue a writ of mandamus or other appropriate writ, order or direction, commanding the 2nd respondent to withdraw the instruction given to the Manager, Federal Bank, Kodakara Branch to freeze the operation in Locker No.SSXA030, which Is referred to in Exhibit P7 notice;

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned counsel

appearing for the 4th respondent.

3. It is submitted by the learned counsel for the

petitioner that the petitioner has been unnecessarily harassed

with regard to an investigation in connection with Ext.P1 FIR. It

is submitted that an anticipatory bail has also been granted to

the petitioner. A detailed counter affidavit has been placed on

record by the party respondents stating that there are

matrimonial disputes pending between the parties.

4. The learned Government Pleader would also submit

that the petitioner had been summoned only with regard to the

complaint submitted by the party respondent and that the

offence alleged was under Section 498 A of the IPC.

Having considered the contentions advanced, I am of the

opinion that the petitioner can be summoned only in accordance

with law after issuing due notices either under Section 160 or

under Section 41 A of the Cr.P.C. The police shall not interfere in

the matrimonial disputes between the parties which shall be

disposed of in accordance with law by the appropriate courts.

However, further steps for concluding the investigation on Ext.P1

shall also be taken in accordance with law without further delay.

The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 5758/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF FIR IN CRIME NO.688/21 OF NEDUMBASSERY AIRPORT POLICE STATION.

Exhibit P2 TRUE COPY OF COMPLAINT SUBMITTED BEFORE THE VANITHA CELL OBTAINING AS PER RIGHT TO INFORMATION ACT.

Exhibit P3 TRUE COPY OF COMPLAINT SUBMITTED BY THE 4TH RESPONDENT BEFORE NEDUMBASSERY AIRPORT POLICE STATION.

Exhibit P4 TRUE COPY OF ORDER DATED 27.08.2021 IN CRL.MC NO.1743/21 BEFORE THE SESSIONS COURT, ERNAKULAM.

Exhibit P5 TRUE COPY OF SEARCH WARRANT ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT 1, ANGAMALY.

Exhibit P6 TRUE COPY OF SEARCH LIST PREPARED BY THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF NOTICE DATED 19.01.22 ISSUED BY THE MANAGER, KODAKARA BRANCH.

RESPONDENT'S EXHIBIT

Exhibit P4A COPY OF OP NO.2869/2021 FILED BY THE 4TH RESPONDENT BEFORE THE HONOURABLE FAMILY COURT AT ERNAKULAM

Exhibit P4B COPY OF OP NO.2871/2021 FILED BY THE 4TH RESPONDENT BEFORE THE HONOURABLE FAMILY COURT AT ERNAKULAM