Dr.Nidhiravindhran vs Mr. Sanal
2023 Latest Caselaw 4526 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                  WP(C) NO. 6158 OF 2023
PETITIONERS:

    1    DR.NIDHIRAVINDHRAN
         AGED 41 YEARS
         PRESENTLY RESIDING AT 703,
         VRINDHAVAN APARTMENT, VYTTILA P.O,
         POONITHURA, ERNAKULAM DISTRICT, PIN - 682019
    2    DR.RAVINDHRAN
         AGED 73 YEARS
         S/O. LATE NARAYAN,703,
         VRINDHAVAN APARTMENT, VYTTILA P.O,
         POONITHURA, ERNAKULAM DISTRICT, PIN - 682019
    3    BABY REVINDHRAN
         AGED 65 YEARS
         W/O. REVINDHRAN,703, VRINDHAVAN APARTMENT,
         VYTTILA P.O., POONITHURA,
         ERNAKULAM DISTRICT, PIN - 682019

         BY ADV AMRITA JAYARAM


RESPONDENTS:

    1    MR. SANAL
         THE STATION HOUSE OFFICER,
         MARADU POLICE STATION, PIN - 682304
    2    MR. JACOB
         THE ASSISTANT SUB INSPECTOR,
         MARADU POLICE STATION, PIN - 682304
    3    MRS. SHABNAM
         AGED 35 YEARS
         D/O RATHNAKARAN, 'SHABNAM' PANOLIL,
         VAYALALAM, THIRUVANGADU, THALASERRY,
         KANNUR DISTRICT, PIN - 670103
 WP(C) No.6158 of 2023

                            2


     4      CITY POLICE COMMISSIONER
            REVENUE TOWER, PARK VIEW,
            MARINE DRIVE, PIN - 682011

            BY ADVS.
            P.MOHANDAS(ERNAKULAM) P.
            K.SUDHINKUMAR(K/572/2014)
            SABU PULLAN(K/35/2001)
            GOKUL D. SUDHAKARAN(K/000886/2016)
            R.BHASKARA KRISHNAN(K/000891/2016)
            K.P.SATHEESAN (SR.)(S-242)
            SRI.E.C. BINEESH, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 12.04.2023, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.6158 of 2023

                                  3




                                JUDGMENT

Dated this the 12th day of April, 2023

The 1st petitioner is a Doctor by profession. The

1st petitioner submits that the petitioners have been falsely

implicated in a crime alleging commission of offences under

Sections 498A and 407 of the Indian Penal Code. The 3 rd

respondent, who is the wife of the 1 st petitioner is the

complainant.

2. The petitioners would contend that the

3rd respondent eloped with all the valuables of the petitioners

and the petitioners filed a complaint in this regard before

respondents 1 and 2. Now, the 1 st petitioner and his aged

parents are being summoned to the Maradu Police Station by

the 4th respondent. The petitioners are ready and willing to

co-operate with any investigation proceedings. But,

continuous harassment by the 4th respondent cannot be WP(C) No.6158 of 2023

permitted, contend the petitioners.

3. Government Pleader entered appearance and

submitted that a crime is registered against the petitioners

under Sections 498A and 407 of the Indian Penal Code. The

wife of the 1st petitioner is the complainant. The 1st petitioner

was summoned to the Police Station only in connection with

the investigation of the crime. The police does not intend to

harass the petitioners as alleged by the petitioners.

4. I have heard the learned counsel for the petitioners,

the learned counsel for the 3rd respondent and the learned

Government Pleader representing the 4th respondent.

5. The petitioner is aggrieved by the harassment

meted out to the petitioner by the 4 th respondent. From the

arguments and pleadings, it is evident that the 3 rd respondent

has filed a complaint against the petitioners alleging

commission of offences under Sections 498A and 407 of the

Indian Penal Code. The police is investigating the matter. In

such circumstances, there cannot be a direction to the police WP(C) No.6158 of 2023

not to harass the petitioners as the police would require the

presence and co-operation of the petitioners in the course of

the investigation.

The writ petition is therefore dismissed.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.6158 of 2023

APPENDIX OF WP(C) 6158/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR NO. 1422/2022 DATED 09/12/2022 Exhibit2 THE TRUE COPY OF THE ORDER DATED 23.12.2022 OF THE HON'BLE SESSIONS COURT ERNAKULAM Exhibit P3 THE TRUE COPY OF THE LETTER ISSUED BY THE SENIOR BANK MANAGER DATED 16.12.2022 Exhibit P4 TRUE COPY OR THE COMPLAINT DATED 18/01/2023 Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 09/02/2023 BEFORE THE 4TH RESPONDENT Exhibit P6 TRUE PHOTO GRAPHS OF THE ASSAULT COMMITTED BY THE 3RD RESPONDENT ON THE BODY OF THIS PETITIONER WHERE BY INJURY WAS CAUSED TO THIS PETITIONER