Sherry Paul vs State Of Kerala
2024 Latest Caselaw 32724 Ker

Kerala High Court

Sherry Paul vs State Of Kerala on 12 November, 2024

                                               2024:KER:84648

          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. 13727 OF 2020

PETITIONER:
          SHERRY PAUL,
          AGED 51 YEARS
          S/O.PAILY PAUL, RESIDING AT PUTHUMANA HOUSE,
          ALAPURAM KARA, ELANJI VILLAGE, ELANJI P.O.,
          MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN-686665.


         BY ADVS.
         C.DILIP
         SRI.R.PRADEEP




RESPONDENTS:
    1     STATE OF KERALA,
          REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

    2     HOME DEPARTMENT,
          GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695001.

    3     SUPERINTENDENT OF POLICE (RURAL),
          ALUVA, ERNAKULAM DISTRICT, PIN-683101.

    4     DEPUTY SUPERINTENDENT OF POLICE,
          MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686661.

    5     INSPECTOR OF POLICE (SHO),
          KOOTHATTUKULAM POLICE STATION,
          KOOTHATTUKULAM, 686662.
 WP(C) No.13727 of 2020

                           2


                                                  2024:KER:84648

     6      SUB INSPECTOR OF POLICE,
            KOOTHATTUKULAM POLICE STATION, KOOTHATTUKULAM,
            686662.

     7      ASSISTANT SUB INSPECTOR,
            OFFICIATED AS WRITER, KOOTHATTUKULAM POLICE
            STATION, KOOTHATTUKULAM, 686662.

     8      MR. JOLLY PAUL,
            S/O.PAILY PAUL, NOW RESIDING AT 1102,
            HOYSALA NEXTEOR, BSNL ROAD, OPP. CIVIL STATION,
            KAKKANAD, ERNAKULAM, PIN-683020.



            R1 TO 7 - SRIR.RAJEEV GEORGE,GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.13727 of 2020

                                 3


                                                            2024:KER:84648


                               P.M. MANOJ, J
                      -----------------------------------
                     W.P.(C) No.13727 of 2020
           --------------------------------------------------------
           Dated this the 12th day of November, 2024


                               JUDGMENT

The writ petition is preferred, alleging police harassment

by respondents 4 to 7. It is the case of the petitioner that the

petitioner is unnecessarily summoned by respondents 4 and 5.

2. Per contra, the learned Government Pleader

submitted that in the civil dispute, Advocate Commissioner was

appointed by the court and the petitioner has objected the

functioning of the Advocate Commissioner. Under such

circumstances, only police assistance were given and a crime

was registered against the petitioner in that respect.

3. However, irrespective of that, by alleging violation of

injunction, the police have attempted to summon the petitioner,

against which this writ petition is preferred.

4. On considering the facts involved in this case, it

appears to be purely a civil dispute. In the circumstances, the

respondents shall take note of Section 63 of the Kerala Police

Act, 2011, in which six conditions are prescribed, which

provides for summoning of a person. Only if those conditions are

complied with, the respondent shall summon the petitioner after

2024:KER:84648

complying with the formality under Section 35(3) of the

Bharathiya Nagarik Suraksha Sanhita (BNSS), 2023. Upons

these directions, no further orders are required.

Accordingly, the writ petition is disposed of as above.

Sd/-

P.M.MANOJ JUDGE sss

2024:KER:84648

APPENDIX OF WP(C) 13727/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTO COPY OF SETTLEMENT DEED NO.1082/1/2009 OF KOOTHATTUKULAM S.R.O., DATED 17.8.2009.

EXHIBIT P2 TRUE PHOTO COPY OF PLAINT IN O.S.NO.134/2017 DATED 9.3.2017 ON THE FILE OF MUNSIFF'S COURT, MUVATTUPUZHA.

EXHIBIT P3 TRUE PHOTO COPY OF PLAINT IN O.S.NO.218/2019 DATED 5.4.2019 ON THE FILE OF MUNSIFF'S COURT, MUVATTUPUZHA.

EXHIBIT P4 TRUE PHOTO COPY OF FIR NO.953/2019 OF KOOTHATTUKULAM POLICE DATED 14.9.2019.

EXHIBIT P5 TRUE PHOTO COPY OF REPRESENTATION DATED 7.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 TRUE PHOTO COPY OF REPRESENTATION DATED 7.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P7 TRUE PHOTO COPY OF CIRCULAR NO.4/2012 ISSUED IN MARCH, 2012 BY THE KERALA STATE POLICE CHIEF.