Abdul Salam vs Deputy Superintendent Of Police
2024 Latest Caselaw 32114 Ker

Kerala High Court

Abdul Salam vs Deputy Superintendent Of Police on 7 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                       2024:KER:83315


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 7TH DAY OF NOVEMBER 2024/16TH KARTHIKA, 1946

                       WP(C) NO. 33996 OF 2024

PETITIONER:

          ABDUL SALAM
          AGED 50 YEARS, SON OF SADIQ,
          MALAVILAPOIKA PUTHEN HOUSE, OCHAMTHURUTH POST,
          PUTHUVYPU, KOCHI, ERNAKULAM,
          PIN - 682508

          BY ADVS.
          DENIZEN KOMATH
          DEAN DENIZEN KOMATH
          MEGHA MADHAVAN


RESPONDENTS:

    1     DEPUTY SUPERINTENDENT OF POLICE
          MUNAMBAM, O/O THE DEPUTY SUPERINTENDENT OF POLICE,
          NORTH PARUR POST, ERNAKULAM.,
          PIN - 683512

    2     STATION HOUSE OFFICER
          NJARAKKAL POLICE STATION, NJARAKKAL POST,
          KOCHI, ERNAKULAM, PIN - 682505

    3     SHAILA
          AGED 51 YEARS, D/O SADIQ,
          MALAVILAPOIKA PUTHEN HOUSE, OCHAMTHURUTH POST,
          PUTHUVYPU, KOCHI, PIN - 682508

          SRI. AJITH VISWANATHAN, GP.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33996 OF 2024
                                     2
                                                             2024:KER:83315


                             JUDGMENT

Dated this the 7th day of November, 2024

The petitioner alleges harassment by the 2 nd

respondent at the instance of the 3rd respondent.

2. Learned Counsel for the petitioner

submits that civil disputes are pending between the

petitioner and the 3rd respondent, who are siblings.

According to the learned Counsel, at the instance of

the 3rd respondent, the petitioner is being summoned

to the police station and compelled to settle the

dispute.

3. Learned Government Pleader submits

on instructions that, based on a complaint received

from the 3rd respondent, the petitioner was

summoned to the police station and on finding the

dispute to be purely civil in nature, the 3 rd

respondent was directed to resort to her civil WP(C) NO. 33996 OF 2024

2024:KER:83315

remedies. It is also submitted that the 2nd

respondent has no intention of harassing the

petitioner in connection with the dispute.

The writ petition is hence closed, directing

the 2nd respondent to refrain from summoning the

petitioner in connection with the civil dispute.

Sd/-

V.G.ARUN JUDGE ARK WP(C) NO. 33996 OF 2024

2024:KER:83315

APPENDIX OF WP(C) 33996/2024

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE PHOTOCOPY OF THE DOCUMENT BEARING NUMBER 85/1/2016 OF NJARAKKAL SUB REGISTRAR OFFICE, DATED 15.01.2016

EXHIBIT-P2 TRUE PHOTOCOPY OF THE CIRCULAR NO. 4/2012 ISSUED BY THE STATE POLICE CHIEF