Sesil Joseph vs State Of Kerala
2024 Latest Caselaw 32735 Ker

Kerala High Court

Sesil Joseph vs State Of Kerala on 12 November, 2024

                                               2024:KER:84626

          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. 14262 OF 2020

PETITIONER:
          SESIL JOSEPH
          AGED 48 YEARS
          S/O. K V JOSEPH, KANDODI HOUSE,
          VEETTIKKAL P.O, MULAMTHURUTHY,
          ERNAKULAM 682 314

          BY ADV E.A.BIJUMON


RESPONDENTS:
    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          MINISTRY OF HOME AFFAIRS, SECRETARIAT,
          THIRUVANANTHAPURAM 695 001

    2     DIRECTOR GENERAL OF POLICE,
          THIRUVANANTHAPURAM 695 004

    3     SUPERINTENDENT OF POLICE,
          WADAKKENCHERY POLICE STATION,
          PALAKKAD DISTRICT 678 010

    4     DY.S.P OF POLICE,
          ALATHUR, PALAKKAD 678 683

    5     CIRCLE INSPECTOR OF POLICE,
          VADAKKANCHERY POLICE STATION,
          PALAKKAD DISTRICT 678 682

    6     SUB INSPECTOR OF POLICE,
          VADAKKANCHERY POLICE STATION,
          PALAKKAD DISTRICT 678 682
 WP(C) No.14262 of 2020

                           2
                                                     2024:KER:84626


     7      SHOJAN K.R,
            S/O. RAPPAI, KOKKADAN HOME,
            MANNAMPETTA, THRISSUR 680 302

     8      JOLY ANTONY,
            S/O. ANTONY, THANDIAKKAL HOUSE,
            ALATHURKARA, NELLAY VILLAGE,
            MUKUNDAPURAM TALUK,
            THRISSUR DISTRICT 680 305


            BY ADVS.
            SRI.V.VINAY
            SRI.S.RAJEEV
            SRI.K.K.DHEERENDRAKRISHNAN
            SRI.K.ANAND (A-1921)
            R1 TO 6 - SRI R.RIYAL DEVASSY,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.14262 of 2020

                                 3
                                                               2024:KER:84626



                               P.M. MANOJ, J
                      -----------------------------------
                     W.P.(C) No.14262 of 2020
           --------------------------------------------------------
           Dated this the 12th day of November, 2024


                                JUDGMENT

The writ petition is preferred, alleging police harassment

by respondents 5 and 6. It is the case of the petitioner that on

the basis of the complaint preferred by respondents 7 and 8 in

connection with the monetary transaction, the police has

summoned the petitioner.

2. When the matter is taken up today, it is submitted by

the learned Government Pleader that already crime was

registered against the petitioner.

3. Under such circumstances, if any further steps are

taken by respondents 5 and 6, that shall be in compliance with

with Section 63 of the Kerala Police Act, 2011 as well as Section

35(3) of the Bharathiya Nagarik Suraksha Sanhita (BNSS), 2023;

without following such conditions provided under said

provisions, no further steps shall be taken by respondents 5 and

6 in this matter.

Accordingly, the writ petition is closed.

Sd/-

P.M.MANOJ JUDGE sss

2024:KER:84626

APPENDIX OF WP(C) 14262/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CHEQUES DATED 28-02-

EXHIBIT P2 TRUE COPY OF THE LEGAL NOTICE DATED 14- 05-2020

EXHIBIT P3 TRUE COPY OF THE REPLAY TO THE LEGAL NOTICE DATED 28-05-2020

EXHIBIT P4 TRUE COPY OF THE SALE AGREEMENT DATED 04-08-2015