N K Hameed vs The Inspector Of Police
2023 Latest Caselaw 3117 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                    WP(C) NO. 37479 OF 2022
PETITIONER:

         N K HAMEED
         AGED 69 YEARS
         S/O. KOYAN, NADUKUDIYIL HOUSE,
         IRAMALLORE VILLAGE, NELLIKUZHY KARA,
         KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT.

         BY ADV SIRAJ KAROLY


RESPONDENTS:

    1    THE INSPECTOR OF POLICE
         KOTHAMANGALAM POLICE STATION
         KOTHAMANGALAM,
         ERNAKULAM DISTRICT-686691.
    2    DISTRICT POLICE CHIEF,
         ERNAKULAM RURAL,
         OFFICE OF THE DISTRICT POLICE CHIEF,
         ALWAYE, ERNAKULAM DISTRICT, PIN-683101.
    3    STATE POLICE CHIEF,
         POLICE HEAD QUARTERS,
         VAZHUTHAKKAD,
         THIRUVANANTHAPURAM-695010.
    4    HARSHATH VITHAL DAS,
         AGED 69 YEARS
         CANVASING AGENT,
         C/O. M/S.PADMARATH FOOD PRODUCTS,
         GUJARATH ROAD, MATTANCHERY,
         KOCHI-682002.
    5    ABDUL SHUKKOOR, AGED 45 YEARS
         S/O. ALIYAR, IKKARAKUDIYIL HOUSE,
         CHERUVATTOOR, KOTHAMANGALAM,
         ERNAKULAM-686691.
 WP(C) No.37479 of 2022

                            2


     6      LOHITH,
            AGE AND FATHER'S NAME NOT KNOWN TO THE
            PETITIONER, KIRAGHANDHURU VILLAGE
            DHUDHA HOBLI, MANDYA TALUK,
            KARNATAKA-571403.

            BY ADVS.
            BIJU ABRAHAM
            AJEESH M UMMER
            SRI.E.C. BINEESH, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 23.03.2023, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.37479 of 2022

                               3




                             JUDGMENT

Dated this the 23rd day of March, 2023

The petitioner, who is a resident of Iramallore Village in

Kothamangalam Taluk, is before this Court seeking to direct

respondents 1 to 3 to provide adequate and meaningful police

protection for his life and members of his family against

respondents 4 to 6 and others acting under them.

2. The petitioners state that he owes certain amount

of money to the respondents 4 to 6. The petitioner is not in a

position to discharge the debt right now. The petitioner

submits that he will be repaying the money in due course. In

the meanwhile, respondents 4 to 6 are threatening the

petitioner and his family.

3. The petitioner states that respondents 4 to 6 are

threatening the petitioner's married daughter also, who is a

resident at Periyankunnath house, Edappally. Respondents 4 WP(C) No.37479 of 2022

to 6 have openly stated that she will be kidnapped and taken

to Andhra Pradesh and will be kept in wrongful confinement.

According to the petitioner, respondents 4 to 6 have

connections with unruly and outfit elements in Andhra

Pradesh. Unless the police acts in the matter, the life of the

petitioner and his family is in danger, contends the petitioner.

4. Respondents 4 to 6 entered appearance through

respective counsel and strongly resisted the writ petition.

Respondents 4 to 6 denied all the allegations made by the

petitioner in the writ petition. The 5 th respondent filed a

counter affidavit in the matter. The 5th respondent submitted

that huge amounts are due to the 5 th respondent from the

petitioner. In fact, the petitioner was cheating the 5 th

respondent as well as respondents 4 and 6. The 5 th

respondent therefore filed a criminal complaint before the

Station House Officer, Kothamangalam. When criminal

complaint was filed, in order to thwart any enquiry or

investigation in the matter, the petitioner filed this writ petition. WP(C) No.37479 of 2022

The writ petition is therefore liable to be dismissed, contended

the counsel for respondents 4 to 6.

5. I have heard the learned counsel for the petitioner,

the learned Government Pleader representing respondents 1

to 3 and respective counsel appearing for respondents 4 to 6.

6. It is evident that there is a money dispute between

the petitioner and respondents 4 to 6. The 5 th respondent has

filed a complaint alleging offences under Sections 406 and

420 of the Indian Penal Code against the petitioner. According

to the 5th respondent, the police is not acting on his complaint

because of the pendency of this writ petition. Be that as it

may, this is a monetary dispute in which the parties have to

resolve the issues through civil remedies. The parties cannot

take law into their hands by physically threatening or

assaulting one another. In fact, it is evident from the pleadings

that there is no instance of physical violence so far. It is the

petitioner's apprehension that respondents 4 to 6 will be

hurting the petitioner and his family. WP(C) No.37479 of 2022

7. Counsel appearing for respondents 4 to 6 would

submit that they have no intention to physically assault the

petitioner or any member of his family members. In the

meanwhile, unless their complaints are looked into by the

police, they will be put to untold hardship.

Taking into consideration the afore facts and

circumstances of the case, the writ petition is disposed of

directing that if the petitioner prefers any further complaint

regarding physical threat faced by him or any member of his

family, the 1st respondent shall look into the matter and take

appropriate action in accordance with law. It is made clear

that this judgment shall not in any manner affect the

investigation or enquiry by the police on the basis of the

complaint filed by the 5th respondent.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.37479 of 2022

APPENDIX OF WP(C) 37479/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.11.2022.

EXHIBIT P1(A)            TRUE   COPY   OF   THE    RECEIPT  DATED
                         18.11.2022    ISSUED     BY    THE   1ST
                         RESPONDENT.
EXHIBIT P2               TRUE COPY OF THE COMPLAINT SUBMITTED
                         BY THE PETITIONER BEFORE THE 2ND
                         RESPONDENT DATED 18.11.2022.
EXHIBIT P2(A)            TRUE   COPY   OF   THE    RECEIPT  DATED
                         18.11.2022    ISSUED     BY    THE   2ND
                         RESPONDENT.

RESPONDENT EXHIBITS

EXHIBIT R5 (A)           A TRUE COPY OF THE THE DEPONENT
                         PREFERRED A PETITION TO THE STATION

HOUSE OFFICER, KOTHAMANGALAM POLICE STATION ON 20.10.2022.

EXHIBIT R5 (B) A TRUE COPY OF THE RECEIPT IS ALSO GIVEN TO THE DEPONENT BY THE STATION HOUSE OFFICER ON 25/10/2022.

EXHIBIT R5 (C) A TRUE COPY OF THE PETITION BEFORE THE SUPERINTENDENT OF POLICE, ALUVA RURAL DATED 23.11.2022.

EXHIBIT R5 (D) A TRUE COPY OF THE FINAL REPORT IN WHICH THE PETITIONER IS ARRAYED AS SECOND ACCUSED , BEFORE ADDITIONAL JUDICIAL FIRST CLASS MAGISTRATE COURT, GUDIVADA AS CC 55/05,DATED 29.07.2004. EXHIBIT R5 (E) A TRUE COPY OF THE FINAL REPORT IN WHICH THE PETITIONER IS ARRAYED AS SECOND ACCUSED , BEFORE ADDITIONAL JUDICIAL FIRST CLASS MAGISTRATE COURT, GUDIVADA AS CC 12/05,DATED 25.10.2004. EXHIBIT R5 (F) A TRUE COPY OF A COMPLAINT PREFERRED BY SUB INSPECTOR OF POLICE , CHIRALA RURAL POLICE STATION AGAINST THE WP(C) No.37479 of 2022

PETITIONER HEREIN AND OTHERS BEFORE THE COURT ADDITIONAL MUNSIFF MAGISTRATE AS C.C 300 OF2004 DATED 11.10.2004.

EXHIBIT R5 (G) A TRUE COPY OF THE DOCUMENT DATED 07.10.2021.