Dr. Sangeeth Sadanandan vs Kerala State Police Chief
2024 Latest Caselaw 32717 Ker

Kerala High Court

Dr. Sangeeth Sadanandan vs Kerala State Police Chief on 12 November, 2024

                                                        2024:KER:84297


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE P.M.MANOJ

    TUESDAY, THE 12TH DAY OF NOVEMBER 2024/21ST KARTHIKA, 1946

                       WP(C) NO. 15692 OF 2020

PETITIONER:

          DR. SANGEETH SADANANDAN,
          AGED 39 YEARS,
          S/O. SADANANDAN, VIJAYA SADANAM,
          EDAYAM, VALAKOM, KOTTARAKARA,
          KOLLAM.

          BY ADVS.
          SYAM J SAM
          SHRI.ADOLPHIN MAMACHAN




RESPONDENTS:

    1     KERALA STATE POLICE CHIEF,
          DGP OFFICE, THIRUVANANTHAPURAM - 691 501.

    2     THE DISTRICT POLICE CHIEF,
          KOLLAM RURAL, SP OFFICE, KOTTARAKARA,
          KOLLAM, PIN - 691 506.

    3     MR.VINOD KUMAR,
          DYSP SPECIAL BRANCH, RURAL, SP OFFICE,
          KOTTARAKARA, KOLLAM, PIN - 691 506.

    4     MR.SENKUMAR (ASI),
          DRIVER OF DYSP SPECIAL BRANCH), RURAL,
          SP OFFICE, KOTTARAKARA, KOLLAM,
          PIN - 691 506.

    5     SHERLY CO,
          AGED 54 YEARS,
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                                      -2-

              W/O. JOHN VARGHESE, RESIDING AT PALAKKAL VEEDU,
              ULIYANADU, KARICKOM, KOTTARAKARA,
              KOLLAM, PIN - 691 502.

              BY ADV GOVERNMENT PLEADER
              R1 AND 2 - SRI.RIYAL DEVASSY,GOVERNMENT PLEADER


      THIS    WRIT    PETITION   (CIVIL)    HAVING   BEEN   FINALLY   HEARD   ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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                                      -3-


                                JUDGMENT

(Dated this the 12th day of November, 2024)

The writ petition is preferred alleging police

harassment. It is case of the petitioner that he is involved in

the pharmaceuticals business as well as the construction of

buildings. On the basis of the complaint preferred by the 3 rd

respondent alleging non completion of the construction, the

5th respondent has approached the police.

2. It is a case of the petitioner that, the police has

no authority to involve in the matters purely civil in nature.

In this regard, already a statement has been preferred by the

1st respondent, whereby it is stated that 5 th respondent, who

is a teacher by profession having no criminal antecedents

and she was working as principal of MM Higher Secondary

School, Nilamel. An oral agreement was entered between

the petitioner as well as the 5th respondent for construction

of her residential building. The petitioner was entrusted with

the supervision of the construction. However, he has not

completed the construction, expended more amount than

2024:KER:84297

expected and not utilised the amount already handed over to

him properly and demanded further amount.

3. Under these circumstances the 5 th respondent has

approached the 3rd respondent. In that regard a crime was

registered under Sections 406, 420, 465, 468, 471 and 506

(I) IPC at Kottarakkara Police Station on 05.08.2020. As per

the instructions dated 08.10.2020, the investigation is going

on. On that basis, I don't find any relief could be granted to

the petitioner, if police have an intention to summon the

petitioner, it should be in compliance of Section 63 of the

Kerala Police Act, 2011, as well as Section 35(3) of the

Bharatiya Nagarika Suraksha Sanhita Act, 2023 or Section

41A of the Criminal Procedure, 1973 in appropriate case.

Accordingly, the writ petition is disposed of.

Sd/-

P.M.MANOJ JUDGE

ADS

2024:KER:84297

APPENDIX OF WP(C) 15692/2020

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE ATTACHMENT ORDER IN THE FILE OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 THE TRUE COPY OF THE PETITION MOVED BEFORE THE SECOND RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE RECEIPT GIVEN BY THE SECOND RESPONDENT.