Muralidharan P.G vs The State Of Kerala
2024 Latest Caselaw 32736 Ker

Kerala High Court

Muralidharan P.G vs The State Of Kerala on 12 November, 2024

                                                       2024:KER:84504
                                    1
WP(C) No.24549 of 2020

           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. 24549 OF 2020

PETITIONER:

               MURALIDHARAN P.G, AGED 50 YEARS
               S/O.GOPALAN, PULIKAL HOUSE, VALAPAD VILLAGE,
               KAZHIMBRAM DESOM, CHAVAKKAD TALUK, THRISSUR,
               PIN-680 568

               BY ADV JITHIN BABU A


RESPONDENTS:

    1          THE STATE OF KERALA
               REP. BY THE SECRETARY TO THE GOVT. , HOME
               DEPARTMENT, GOVT. SECRETARIAT,
               THIRUVANANTHAPURAM-695 001

    2          THE CIRLCE INSPECTOR OF POLICE
               KODUNGALLUR POLICE STATION, THRISSUR-680 671

    3          MANILAL E.D., S/O.DASAN, ERUMATHURUTHI HOUSE,
               EDAVILANGU P.O., KODUNGALLUR, THRISSUR DISTRICT
               PIN-680 671

    4          VIJAYA, W/O.DASAN, ERUMATHURUTHI HOUSE,
               EDAVILANGU P.O., KODUNGALLUR, THRISSUR DISTRICT
               PIN-680 671

               R1 AND 2 - SRI.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:
                                                       2024:KER:84504
                                    2
WP(C) No.24549 of 2020

                             JUDGMENT

Dated this the 12th day of November, 2024

This writ petition is preferred alleging police

harassment. It is the case of the petitioner that respondents

3 and 4 influenced the police and caused to summon the

petitioner to the police station.

2. Considering the grievance voiced in this writ

petition, it is apposite to direct the 2nd respondent to comply

with the provisions of Section 63 of the Kerala Police Act,

2011 while initiating any further proceedings against the

petitioner and also comply with Section 35(3) of the

Bharathiya Nagarik Suraksha Sanhita (BNSS), 2023. Only

thereafter, the 2nd respondent shall proceed further in the

matter, if so intended. If the dispute is in civil nature, the 2 nd

respondent shall refrain from any further action in the matter.

With the above observations, this writ petition is

disposed of.

Sd/-

P.M.MANOJ JUDGE das 2024:KER:84504

APPENDIX OF WP(C) 24549/2020

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE AGREEMENT DATED 22.8.2019 BETWEEN THE PETITIONER AND THIRD RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE RC BOOK OF THE VEHICLE

EXHIBIT P3 A TRUE COPY OF THE AGREEMENT DATED 22.8.2019 BETWEEN THE PETITIONER AND FOURTH RESPONDENT

EXHIBIT P4 PROMISSORY NOTE EXECUTED BY THE THIRD RESPONDENT TO THE PETITIONER

EXHIBIT P5 PROMISSORY NOTE EXECUTED BY THE FOURTH RESPONDENT TO THE PETITIONER