R K Firos vs The State Of Kerala
2023 Latest Caselaw 9466 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945

                    WP(C) NO. 22736 OF 2023

PETITIONER/S:

             R K FIROS
             AGED 50 YEARS
             S/O, ALI,
             PUTHIYA VEETTIL HOUSE, MARUTHAYUR P.O,
             PAVARATTY, THRISSUR DISTRICT,, PIN - 680507

             BY ADVS.
             P.T.SHEEJISH
             A.ABDUL RAHMAN (A-1917)
             APARNA V. DEVASSIA
             HEMANTH H.

RESPONDENT/S:

    1        THE STATE OF KERALA
             REPRESENTED BY ITS SECRETARY
             DEPARTMENT OF HOME AFFAIRS,
             THIRUVANANTHAPURAM,, PIN - 695001

    2        DISTRICT POLICE CHIEF (COMMISSIONER OF POLICE)
             OFFICE OF THE DISTRICT POLICE CHIEF
             THRISSUR CITY, RAMAVARMAPURAM ROAD
             PALLIMOOLA, MANNUMKAD
             RAMAVARMAPURAM, THRISSUR DISTRICT-680631

    3        STATION HOUSE OFFICER,
             CHAVAKKAD POLICE STATION
             MAIN ROAD, CHAVAKKAD, THRISSUR CITY
             THRISSUR DISTRICT-680506

    4        MUHAMMED NASSIM K.A.
             S/O AHAMMADUNNY
             THERUVATH CHERATT THAZHAM PARAMBU
             O.K. ROAD, THIRUVANNUR
             KOZHIKODE DISTRICT-680506
 WP(C) NO. 22736 OF 2023

                            2



    5     *NADATHIKUNJI MOHAMMED
          S/O MOITHEEN HAJI,
          PADINJAREPURAKKAL HOUSE, THIRUVATHA.P.O.,
          CHAVAKKAD, THRISSUR DISTRICT

          *(IMPLEADED AS PER ORDER DATED 05.09.2023 IN I.A. NO.
          1/2023 )

          BY ADVS.
          GOVERNMENT PLEADER
          PRATHAP. S.R.K.
          No Advocate
          ANN OLIVIA VALLAVANADAN(K/001546/2021)
          AJITH BHASI(K/1102/2021)



          GP-SMT.VIDYA KURIAKOSE


     THIS WRIT PETITION    (CIVIL) HAVING COME UP      FOR
ADMISSION ON 05.09.2023,   THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 22736 OF 2023

                                     3



                               JUDGMENT

Complaining of harassment at the hands of the 3rd Respondent, the

Station House Officer, Chavakkad Police Station, the petitioner is before

this Court.

2. The case of the petitioner is that he is a friend of the 4th

respondent. According to him, the 4th respondent is the registered owner

of a Maruthi Brezza Car bearing Reg. No. KL-11-BT-5444. On the strength

of Ext. P2 agreement, the vehicle was entrusted to the petitioner by the

4th respondent. While the petitioner was in possession of the vehicle, he

entrusted the vehicle to a family friend, a certain Nadathi Kunji

Muhammed, on 05.07.2023. The petitioner asserts that while the

aforesaid Nadathi Kunhi Muhammed was in possession of the car, on the

strength of a complaint lodged by the 4th respondent, the 3rd respondent

seized the aforesaid vehicle by threatening that a crime would be

registered if the vehicle was not handed over. The petitioner states that

the 4th respondent is a person with criminal antecedents, and according

to him, the seizure of the vehicle by the 3rd Respondent at the instance

of the 4th Respondent without even registering a crime is illegal. The

petitioner states that immediately thereafter, the petitioner approached

the 3rd respondent and stated the true facts. However, he refused to WP(C) NO. 22736 OF 2023

hear the grievances of the petitioner herein. In the said circumstances,

the Petitioner stated to have lodged Exhibit P5 complaint before the 2nd

respondent. However, no action has been taken. In the above facts

scenario, the Petitioner has approached this Court seeking the following

reliefs:

a) Issue a writ of mandamus or order or direction, commanding the 3" respondent, not to harass the petitioner directly or indirectly, to secure the ends of justice.

b) Issue a writ or order or direction, commanding the respondents 2 and 3 to carefully scrutinize any criminal complaint raised by any one against the petitioner before taking any serious action against him.

c) Issue a writ of mandamus or order or direction, commanding the 3rd respondent, to deliver back the car, which was illegally taken by him from the petitioner without complying the statutory guidelines, which was a subject matter of a civil dispute, to secure the ends of justice.

d) To issue a writ of mandamus or order or direction, commanding the 3rd respondent to issue Notice under Section 41a or 160 of Code of Criminal Procedure, before calling up the petitioner to the police station or arresting him.

3. A Memo has been filed annexing the copy of the report of the

Inspector, Station House Officer, Chavakkad Police Station. From the

report, it appears that the Maruthi Brezza Car bearing Reg. No.

KL-11-BT-5444 is registered in the name of the 4th respondent. In

connection with certain money transactions that the 4th respondent had

with the additional 5th respondent, the vehicle was handed over to the WP(C) NO. 22736 OF 2023

additional 5th respondent by way of security. The 4th respondent is stated

to have repaid the money which he had allegedly borrowed. When the

vehicle was demanded back, the additional 5th respondent refused. This

led the 4th respondent to approach the Police and lodge a complaint. The

details of the complaint were entered into the general diary, and both

parties were summoned for the purpose of conducting a preliminary

enquiry. As the registration of the vehicle stands in the name of the 4th

respondent, and as the additional 5th respondent was unable to furnish

any explanation as to how he was retaining the vehicle, the vehicle was

brought to the Police station. The additional 5th Respondent has not

raised any objection with regard to the handing over of the vehicle to the

4th respondent. It is further stated that the additional 5th Respondent is

involved in Crime No. 314/07, Crime No. 996/2011, Crime No. 272/2012,

Crime No. 1265/2015, Crime No. 1795/2015, Crime No. 1990/2020 and

Crime No. 401/2023 registered at the Chavakkad Police Station.

4. In the Counter Affidavit filed by the 4th respondent, it is

stated that Exhibit P2 agreement produced before this Court is a sham

document. Registration Number of the Maruti Brezza car owned by the

4th Respondent is KL-11-BT-5444, whereas Registration Number of the

car shown in the agreement is KL-11-B2-5444. It is further stated that

there is no transaction in respect of the car between the Petitioner herein WP(C) NO. 22736 OF 2023

and the 4th Respondent. It is further stated that the Petitioner herein is a

henchman of the Additional 5th Respondent who is involved in numerous

crimes and is a person with criminal antecedents.

5. The learned counsel appearing for the 5th respondent submits

that the car was not voluntarily given.

6. Sri. P.T. Sheejish, the learned counsel appearing for the

petitioner, submits that if the Police intended to seize the vehicle, they

could do so only in accordance with the law and not otherwise. He relies

on the judgment rendered by this Court and contends that the action on

the part of the 3rd respondent in seizing the vehicle without registering a

crime and entrusting the same with the 4th respondent is illegal.

7. The learned Government Pleader submitted that Exhibit P2 was

brought into existence for the purpose of this case, and enquiry

conducted by the police has revealed that the custody of the vehicle was

not with the Petitioner herein at any point of time. It is further stated that

the additional 5th Respondent has not raised any objection with regard to

the seizure of the vehicle before any authority.

8. I have considered the submissions advanced and have gone to

the records.

9. Admittedly, the 4th respondent is the registered owner of the

Maruti Brezza Car. The 4th Respondent has stated in his counter that he WP(C) NO. 22736 OF 2023

has not entered into any transaction with the Petitioner in respect of the

car bearing registration No. KL-11-BT-5444. He has also contended that

Exhibit P2, on the strength of which the Petitioner claims possession, is a

fraudulent document brought into existence for the purpose of filing this

Writ Petition. I find that the Registration Number of the car shown in

Exhibit P2 and the actual Registration Number do not tally. The records

disclose that a complaint was lodged by the 4th Respondent, who is the

registered owner of the car, claiming that his car was being illegally

retained by the Additional 5th Respondent. The car was voluntarily

handed over to the Police, and the petition filed before the Police has

been closed. If the Additional 5th Respondent has a contention that he is

entitled to retain the car on the strength of any agreement, it is for him to

approach the jurisdictional Court and seek reliefs. The 3rd Respondent, in

the statement filed by him, has clearly stated that no crime has been

registered against the Petitioner herein and that the presence of the

Petitioner is not required for the purpose of investigation in any case. If

that be the case, the grievance of the Petitioner that the 3rd Respondent

is harassing him is unfounded and misconceived. In that view of the

matter, there is no need to consider prayer (a) and (b) sought for by the

petitioner. As records do not disclose that the car was taken from the WP(C) NO. 22736 OF 2023

possession of the Petitioner herein, there is no question of granting any

relief (c) as prayed for in the petition.

This Petition is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 22736 OF 2023

APPENDIX OF WP(C) 22736/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF CAR BEARING REGISTRATION NO. KL-11-BT-5444

Exhibit P2 TRUE COPY OF THE VEHICLE TRANSFER AGREEMENT DATED 23.04.2021

Exhibit P3 TRUE COPY OF THE INSURANCE CERTIFICATE OF CAR BEARING REGISTRATION NO. KL-11-BT-5444

Exhibit P4 TRUE COPY OF THE LAWYER NOTICE ISSUE BY THE PETITIONER TO THE 4TH RESPONDENT DATED 08.06.2022

Exhibit P4 (a) TRUE COPY OF THE ACKNOWLEDGMENT CARD

Exhibit P5 THE TRUE COPY OF THE COMPLAINT DATED 08.07.2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P6 THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 08.07.2023 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT

EXHIBIT P7 THE TRUE COPY OF THE ATTACHMENT ORDER DATED 4/8/2022

EXHIBIT P8 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 4TH RESPONDENT IN O.S NO. 702/2022 DATED 7/7/2023

EXHIBIT P9 THE TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER AND 4TH RESPONDENT TOGETHER

EXHIBIT P10 TRUE COPY OF THE LETTER FROM SHO OF KASABA POLICE STATION, KOZHIKODE DATED 18/7/2023

EXHIBIT P12 TRUE COPY OF THE ORDER IN IA NO. 2/2022 IN O.S NO. 341/2022 PASSED BY THE HONOURABLE MUNSIFF COURT I KOZHIKODE DATED 6/9/2022

EXHIBIT P11 TRUE COPY OF THE ORDER IN CMP NO. 3322/2022 IN MC 75/2022 PASSED BY THE HONOURABLE JFMC I KOZHIKODE DATED 23/9/2022