Joy Martin vs Station House Officer /Circle ...
2023 Latest Caselaw 9378 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                        WP(C) NO. 28711 OF 2023
PETITIONER:


            JOY MARTIN, AGED 53 YEARS, S/O GILBERT FERNADEZ,
            SURABHI, AVNRA 57, VINAYAKA NAGAR, ARAPPARA,
            VATTIYOORKAVU P.O., THIRUVANANTHAPURAM, PIN - 695013

            BY ADVS.
            P.K.SREEVALSAKRISHNAN
            S.UNNIKRISHNAN (NELLAD)
            K.R.PRATHISH
            JOEL CHALAMANA
            KRISHNA DAS


RESPONDENTS:


    1       STATION HOUSE OFFICER /CIRCLE INSPECTOR OF POLICE,
            PALARIVATTOM POLICE STATION, CIVIL LINE RD, OPPOSITE
            PALARIVOTTAM BUS STOP, PALARIVATTOM JUNCTION, SONIA
            NAGAR, PALARIVATTOM, ERNAKULAM, PIN - 682025

    2       PRABATH P.V, TC 24/408, VILAYIL GARDENS, SREEKRISHNA
            MURULI ROAD, KAITHAMUKKU, TRIVANDRUM, PIN - 695024


OTHER PRESENT:
           SRI. RAJEEV JYOTHISH GEORGE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.28711 of 2023

                                      2

                   P.V.KUNHIKRISHNAN
              ---------------------
                 W.P (C) No.28711 of 2023
           ---------------------------
            Dated this the 25th day of August, 2023

                               JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or other appropriate writ order or direction compelling the respondent No. 1 not to interfere in the civil monetary dispute between the petitioner and 2nd respondent.

ii) to issue a writ of order or direction to the respondent No.1 commanding to stop the harassment against the petitioner.

iii) pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case.

iv) Allow the writ petition writ petition with cost."

(SIC)

2. The petitioner is aggrieved by the harassment

from the 1st respondent through phone at the instance of

the 2nd respondent to settle a civil monitory dispute with the

2nd Respondent. It is the case of the petitioner that he and

the 2nd Respondent were known to each other for the last

several years and while the petitioner was working at

abroad, the 2nd respondent had stayed with him and with

the help of petitioner, the 2nd Respondent had obtained a W.P (C) No.28711 of 2023

job there and resided with petitioner for around 1 ½ years.

The 2nd respondent obtained various amounts from the

petitioner due to his financial liability. In connection with

the same, when steps were taken, the 1st respondent at the

instance of the 2nd respondent harassing the petitioner is

the submission.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. The learned counsel for the petitioner reiterated

the contentions raised in this writ petition. The learned

Government Pleader submitted that the Police will not

harass the petitioner, if there is any civil or money

transaction is pending between the parties. If that is the

case, this writ petition can be disposed of recording the

above submission. No notice is necessary to the 2 nd

respondent because of the way in which this writ petition is

going to be disposed of. I make it clear that, if the presence

of the petitioner is necessary, the 1 st respondent will issue a

a notice under Section 41A Cr.PC.

Therefore, this writ petition is disposed of with the

following directions.

W.P (C) No.28711 of 2023

1) There shall not be Police harassment from the side of the 1st respondent in connection with any complaint filed by the 2nd respondent regarding any monitory transaction.

2) But, I make it clear that, if any criminal offence is made out, the Police is free to proceed, in accordance with law.

3) If the presence of the petitioner is necessary, the 1st respondent shall issue a notice under Section 41A Cr.PC.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng W.P (C) No.28711 of 2023

APPENDIX OF WP(C) 28711/2023 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE ACCOUNTS STATEMENT PERIOD FROM 01.04.2022 TO 07.06.2022 OF KRISHNARAJ & SREENIVASAN VENTURES PVT. LTD SHOWING THE TRANSFER DONE BY THE PETITIONER

Exhibit P2 TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER DATED 21.08.2023