Prasad v. Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 WP(C).No. 9892 of 2015 (J) --------------------------- PETITIONER(S) :- ------------------ PRASAD, AGED 52 YEARS, S/O.MADHAVAN EZHUTHACCHAN, PANGAL KALAM, PUTHUPARIYARAM, PALAKKAD.

BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S) :- ----------------- SUB INSPECTOR OF POLICE, RAILWAY COLONY, HAMAMBIKA NAGAR, PALAKKAD - 678 014.

BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WP(C).No.9892 OF 2015 APPENDIX Petitioner's Exhibits :- Ext.P1 :- True copy of the judgment in O.S.481/2010 dated 17.1.2012.

Ext.P2 :- True copy of the judgment in O.S.372/2011 dated 7.2.2015.

Respondent's Exhibits :- NIL.

//True Copy// P.A. to Judge

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

---------------------------------- W.P.(C) No.9892 of 2015 ------------------------------------ Dated this the 27th day of March 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court alleging harassment by the police. According to him, with respect to a claim made on an item of property belonging to his father covered by a Will, there are civil disputes with other near relatives pending as O.S.Nos.481 of 2010 and 372 of 2011. 2.

During the pendency of the above suits, the petitioner made a claim that the police is unnecessarily interfering with the civil dispute and forcing the petitioner to arrive at a settlement with other parties to the suit.

3.

Learned State Attorney on instructions would submit that the police had summoned the petitioner on the basis of complaints given by his sister and brother-in-law and the petitioner himself had given another complaint also. On verification of the complaints, it was noticed that civil suits are pending between the parties with respect to a Will, which is

W.P.(C) No.9892 of 2015 -: 2 :- under dispute and the parties were advised to approach the civil court for appropriate orders.

4.

Having regard to the aforesaid factual situation, we do not think that this is a case of police harassment. Since the police had already closed the matter, there is no reason to pass any further order in this writ petition.

Taking on record the submission of the learned State Attorney, this writ petition is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt