Sajeer.E vs The Station House Officer
2022 Latest Caselaw 2850 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                         WP(C) NO.5853 OF 2022
PETITIONERS :-

     1       SAJEER.E, AGED 38 YEARS
             S/O. MUHAMMED EBRAHIM, A.S BHAVAN, KOLLAMVILAKAM,
             THIRUVALLOM P.O, THIRUVANANTHAPURAM - 695 027
             PERMANENT RESIDENT OF TC 67/841, PAMMATHIL VEEDU,
             PACHALLOOR P.O, THIRUVANANTHAPURAM - 695 027.

     2       SUJA
             W/O. SAJEER E, A.S BHAVAN, KOLLAMVILAKAM,
             THIRUVALLOM P.O, THIRUVANANTHAPURAM - 695 027
             PERMANENT RESIDENT OF TC 68/901, MANNAM VILAKAM,
             THIRUVALLAM, THIRUVANANTHAPURAM - 695 027.

             BY ADVS.
             M.V.BOSE
             VINOD MADHAVAN
             ANU PAUL


RESPONDENTS :-

     1       THE STATION HOUSE OFFICER
             KOVALAM POLICE STATION,
             THIRUVANANTHAPURAM - 695 527

 ADDL.2      THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD
             MAVELI BHAVAN, GANCHI NAGAR, KOCHI-682 020
             REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR

             IS IMPLEADED AS ADDITIONAL R2 AS PER THE ORDER
             DATED 07/03/2022 IN IA 2/2022.

          BY SRI.T.K.SHAJAHAN, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.03.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.5853 OF 2022

                                    -: 2 :-


                                JUDGMENT

Dated this the 16th day of March, 2022

This writ petition is filed seeking the following reliefs :-

"(i) declare that the respondent has no authority to harass the petitioners and be further pleased to issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the respondent to refrain from harassing the petitioners.

(ii) issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the respondent to refrain from demanding production before him the motor car bearing registration No.KL- 01-BN-6676 by the petitioners.

(iii) issue a writ in the nature of mandamus or any other appropriate writ, direction or order refraining the respondent from taking into custody the motor car bearing registration No.KL-01-BN-6676."

2. Heard the learned counsel for the petitioners, the

learned Government Pleader as well as the learned Standing

Counsel appearing for the additionally impleaded respondent.

3. It is submitted by the learned counsel for the

petitioners that the 1st petitioner is conducting the business of

transportation of food grains and pulses at Kovalam. The 2 nd

petitioner is the wife of the 1 st petitioner. It is submitted that

the 1st petitioner was entrusted with a contract of WP(C) NO.5853 OF 2022

transportation and delivery of rationed articles by the 2 nd

respondent Corporation. It is stated that the 1 st petitioner

received a call from the Assistant Sub Inspector of Police,

Kovalam Police Station asking him to bring his vehicle having

registration No.KL-01-BN-6676 to the police station. It is

submitted that the 1st petitioner transferred the ownership of

the said vehicle to the 2nd petitioner. It is submitted that the

said vehicle has absolutely no involvement in any crime and

that no reason was stated for requiring the 1 st petitioner to

appear with the vehicle. It is submitted that no due notice had

also been issued to the 1 st petitioner requiring his presence in

connection with any offence.

4. The learned Government Pleader has submitted a

memo along with a report from the Sub Inspector of Kovalam

Police Station. It is stated therein that the Bolero Jeep

bearing registration No.KL-01-BN-6676 had been found near

the godown premises and that a crime has been registered

under Section 7 read with Section 3(2)(d) of the Essential

Commodities Act against one 'Sakkeer, Son of Hassan Kannu'.

It is submitted that it was only in connection with the said WP(C) NO.5853 OF 2022

offence that the 1st petitioner had been required to produce

the vehicle.

5. The learned counsel for the petitioners submits that

the 1st petitioner's name is 'Sajeer E' and that the registration

of the vehicle is in the name of his wife 'Suja'. It is, therefore,

contended that in the absence of any allegations against the

1st petitioner, the 1st petitioner may not be harassed or

required to produce his vehicle, which is not involved in any

offence.

6. The learned Standing Counsel appearing for the 2 nd

respondent submits, on instructions, that no complaint

appears to have been filed against the petitioners in this writ

petition by any of the officers of the Civil Supplies

Corporation.

7. Having considered the contentions advanced and in

view of the facts stated in the report submitted by the learned

Government Pleader, I am of the opinion that the respondents

cannot harass the 1st petitioner or require him to be present or

produced articles or his vehicle in view of the fact that the FIR

is registered against another person. WP(C) NO.5853 OF 2022

It is made clear that in case there is any

requirement for appearance of the petitioners before the

Station House Officer for questioning, the same can be done

only after issuance of due notices under Section 41A of the

Cr.PC. In the absence of any allegation against the

petitioners, the petitioners shall not be harassed without

issuance of due notices.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/19.3.2022 WP(C) NO.5853 OF 2022

APPENDIX OF WP(C) 5853/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 31-08-2017 EXECUTED BETWEEN THE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED AND THE 1ST PETITIONER

Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 16-11-2018 EXECUTED BETWEEN THE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED AND THE 1ST PETITIONER

Exhibit P3 TRUE COPY OF THE BANK GUARANTEE NO 852TIPEBG190002 DATED 25-03-2019 FURNISHED BY THE 1ST PETITIONER

Exhibit P4 TRUE COPY OF THE TENDER NOTICE DATED 02-02-

2022 PUBLISHED BY THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD

Exhibit P5 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE MOTOR CAR BEARING REGISTRATION NO KL 01 BN-6676

Exhibit P6 TRUE COPY OF THE JOB CARD DATED 05-02-2022 RAISED BY KI MOBILITY SOLUTIONS PRIVATE LIMITED FOR THE WORK OF VEHICLE BEARING REGISTRATION NO KL-01-BN 6676