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High Court of KeralaWP(C)/5867/2015closed

V.M.Shaji v. State Of Kerala

2015-03-04Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 WP(C).No. 5867 of 2015 (G) --------------------------- PETITIONER :

---------------- V.M.SHAJI, AGED 50 YEARS S/O.MANI V.S., RESIDING AT VADAKKEPARAMBIL HOUSE KUREEKKAD, CHOTTANIKKARA, ERNAKULAM DISTRICT PINCODE-682 312.

BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS :

-------------------

1. STATE OF KERALA, REP. BY THE SECRETARY, DEPT. OF HOME AFFAIRS GOVT. OF KERALA, GOVT. SECRETARIAT ANNEX TRIVANDRUM-695 001.

2. SUB INSPECTOR OF POLICE, CHOTTANIKKARA POLICE STATION, ERNAKULAM PINCODE-682312.

3. SUSHEELA, AGED 54 YEARS W/O.VENU, RESIDING AT NEDUMPURATH, CHOTTANIKKARA ERNAKULAM DISTRICT, PINCODE-682312.

4. ARCHANA, AGED 23 YEARS D/O.SUSHEELA, RESIDING AT NEDUMPURATH, CHOTTANIKKARA ERNAKULAM DISTRICT, PINCODE-682312.

5. KEERTHANA, AGED 20 YEARS D/O.SUSHEELA, RESIDING AT NEDUMPURATH, CHOTTANIKKARA ERNAKULAM DISTRICT, PINCODE-682312.

R1 & R2 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5867 of 2015 (G) ------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXT P1 : THE TRUE COPY OF ORDER DATED 20-02-2015 OF THE I ADDL.SESSIONS JUDGE, ERNAKULAM IN CRL.M.C.NO.363/2015.

RESPONDENTS' EXHIBITS :

------------------------------ NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5867 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2015

JUDGMENT

Ashok Bhushan, Ag.C.J.

Heard learned counsel for the petitioner and learned Government Pleader. No notice is being issued to respondent Nos. 3 to 5 in view of the order which is being passed.

2. The petitioner has filed this writ petition alleging police harassment. Petitioner's case is that though the petitioner filed a Criminal Miscellaneous Application in the Court of Sessions Judge, the Sub Inspector of Police concerned informed the Sessions Judge that no crime is registered against the petitioner. But on the same count police authorities have come to the petitioner's residence in a Jeep.

3. Learned Government Pleader after obtaining instructions submitted that a complaint has been filed against the petitioner alleging cheating with regard to which the petitioner was called and the police authorities have enquired and closed the matter since the dispute between the parties are of civil nature. It is submitted that there was also an

WP(C) No. 5867 of 2015 -:2:- amicable settlement between the parties. But there is some dispute regarding carrying out the settlement. Considering the facts of the present case and the submissions made, we are of the view that present is not a case of police harassment. The Writ Petition is closed. Ashok Bhushan, Acting Chief Justice.

A.M. Shaffique, Judge.

ttb/04/03