K.A. Mubashir vs District Police Chief
2023 Latest Caselaw 10059 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                              WP(C) NO. 28894 OF 2023
PETITIONER:

              K.A. MUBASHIR
              AGED 43 YEARS
              S/O ABOOBAKAR, KALEELIL HOUSE, KIDANGAYAMNADUVIL, SOORANADU
              SOUTH, PATHARAM P.O., KOLLAM, PIN - 690522

              BY ADVS.
              P.RAHUL
              ASHWIN ANTONY
              ROOPKUMAR G.



RESPONDENTS:

     1        DISTRICT POLICE CHIEF
              KOLLAM RURAL, KOLLAM DISTRICT, PIN - 691001

     2        STATION HOUSE OFFICER (SHO)
              SASTHAMCOTTA POLICE STATION, KOLLAM,, PIN - 690521

     3        SUB INSPECTOR OF POLICE
              SASTHAMCOTTA POLICE STATION, KOLLAM, PIN - 690521

     4        SULAIMANKUNJU
              JIJAS VILLA, VENG P.O, SASTHAMCOTTA, KOLLAM, PIN - 690521

              BY ADVS.
              RESMI THOMAS, GOVERNMENT PLEADER
              HARISH GOPINATH
              AMRITHA SOMASUNDARAN(K/001154/2022)



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                          SATHISH NINAN, J.
                 ================================
                     W.P.(C) No.28894 OF 2023
                =================================
            Dated this the 18th day of September, 2023

                             JUDGMENT

This writ petition is filed to direct respondents 1

to 3 not to harass the petitioner.

2. Heard learned Counsel on both sides.

3. On 25.08.2023 this Court had passed an interim

order that, if the petitioner is the accused in any

criminal case, the Police should issue notice under

Section 41A of the Cr.P.C. to secure his presence.

4. Though investigation into any criminal offence

can be done in accordance with the Cr.P.C, the Police

shall not interfere with the monetary dispute pending

between the parties.

No further orders are called for in this writ

petition.

WP(C) No.28913 OF 2023

The writ petition is disposed of as above.

SATHISH NINAN JUDGE NB/18-9 APPENDIX OF WP(C) 28894/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE UNDERTAKING GIVEN BY THE PETITIONER TO THE 4TH RESPONDENT AFFIXED WITH REVENUE STAMPS

EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY SOORANAD POLICE STATION DATED 26.07.2023 TO THE PETITIONER AGAINST THE COMPLAINT

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 20.08.2023

EXHIBIT P3(A) A TRUE COPY OF THE DIGITAL COPY OF THE RECEIPT FOR LODGING THE COMPLAINT DATED 20.08.2023

EXHIBIT P4 TRUE COPY OF THE SAID BAIL APPLICATIONNO.

7454/2023 DATED 22.08.2023 FILED BEFORE THIS HON'BLE COURT,

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE