Grace Liji Sajeev vs Circle Inspector Of Police
2024 Latest Caselaw 32765 Ker

Kerala High Court

Grace Liji Sajeev vs Circle Inspector Of Police on 12 November, 2024

                                               2024:KER:84271


         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. 22441 OF 2020

PETITIONER:

         GRACE LIJI SAJEEV,
         AGED 46 YEARS,
         W/O.SAJEEV, CHUNGATH HOUSE, AROOR.P.O,
         ALAPPUZHA - 688534.

         BY ADVS.
         J.OM PRAKASH
         SRI.T.G.SUNIL (PRANAVAM)
         SRI.C.X.ANTONY BENEDICT
         SHRI.T.S.BHARATH KRISHNA
         SHRI.ADHEEP VIJAY
         SMT.KAVYA RAJEEV
         SHRI.IJAS MUHAMMED




RESPONDENTS:

    1    CIRCLE INSPECTOR OF POLICE,
         PALLURUTHY POLICE STATION,
         PALLURUTHY - 682 006.

    2    SHRI.MATHEW K.THOMAS,
         KURISINKAL HOUSE,VELIPARAMBIL LANE,
         PULLARDESOM ROAD, PALLURUTHY, KOCHI - 682 006,
         (MANAGER,MARY RANI POPULAR NIDHI LTD.,
         KACHERIPADY BRANCH, PALLURUTHY,
         KOCHI - 682 006).
 W.P.(C)..No.22441 of 2020



                                                2024:KER:84271
                               -2-



             R1 - SRI.RAJEEV GEORGE,GOVERNMENT PLEADER


       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)..No.22441 of 2020



                                                  2024:KER:84271
                                 -3-

                            JUDGMENT

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

The writ petition is preferred alleging police

harassment. The case involved in this writ petition is

with respect to pledging of gold before the 2 nd

respondent firm. However, the 1st respondent interfered

in the issue and directed the petitioner to settle the

dispute between the 2nd respondent and the petitioner.

In this regard, already a lawyer notice has been sent to

the 1st respondent against the involvement of the police

in the dispute, which is purely of civil in nature.

2. Having regard to the facts and circumstances

involved in this case, there will be a direction to the 1 st

respondent, if it is intended to proceed against the

petitioner that should be only in compliance with

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

Section 35 (3) of the Bharatiya Nagarika Suraksha

Sanhita Act, 2023. No further interference shall be

made by the 1st respondent against the petitioner,

2024:KER:84271

without complying the aforementioned provision.

Accordingly, the writ petition is closed.

Sd/-

P.M.MANOJ JUDGE

ADS

2024:KER:84271

APPENDIX OF WP(C) 22441/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LEGAL NOTICE DATED 18.09.2020 ISSUED BY ADV.J.OMPRAKASH TO THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPLY NOTICE DATED 22.09.2020 ISSUED BY ADV.MICHAEL M.WILSON TO EXT.P1 NOTICE.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 28.09.2020 ISSUED BY ADV.MICHAEL M.WILSON TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE REPLY NOTICE DATED 19.10.2020 ISSUED BY ADV.J.OMPRAKASH TO EXT.P3 NOTICE.