Ajith Unnithan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 WP(C).No. 15596 of 2015 (Y) ---------------------------- PETITIONER :

---------------- AJITH UNNITHAN, PUTHENPURACKAL, MAMPRA P.O., KODUKULANJI, CHERIYANAD CHENGANNUR, ALAPPUZHA.

BY ADV. SRI.P.VINODKUMAR RESPONDENTS :

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

1. STATE OF KERALA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, TRIVANDRUM - 695 001.

2. THE SUPERINTEND OF POLICE, ALAPPUZHA - 685 501.

3. THE SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, ALAPPUZHA - 689 101.

4. SOLLY MATHEW, CHAMAKUZHIYIL, ALA P.O., CHENGANNUR, ALAPPUZHA DISTRICT - 689 101.

R1 TO R3 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15596 of 2015 (Y) --------------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 : TRUE COPY OF THE PETITION DATED 23.05.2014 MADE BEFORE THE RESPONDENTS 1 AND 2.

RESPONDENTS' EXHIBITS:

NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15596 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court alleging harassment by the 3rd respondent, Sub Inspector of Police, Chengannur. It is alleged that on account of some dispute with the husband of 4th respondent, the petitioner is being summoned to the police station. It is stated that the 4th respondent is engaged in money lending business without properly following the requirement of law. When the petitioner complained against the same, the 3rd respondent is compelling the petitioner to withdraw the complaint which is not agreeable to the petitioner. Therefore, Police is unnecessarily harassing the petitioner.

2. Learned Government Pleader on instructions would submit that on the basis of a complaint given by 4th respondent, in which grave allegations has been made against the petitioner, which may amount to various offences under

WP(C) No.15596 of 2015 -:2:- the Indian Penal Code preliminary enquiry is being conducted. It is submitted that for that purpose only petitioner had been summoned and the petitioner had not been called to the police station or the police has compelled him to withdraw any other case. It is submitted that investigation into the said complaint is proceeding.

Having regard to the aforesaid factual situation, we do not think that mere summoning of the petitioner to conduct preliminary enquiry on the complaint of 4th respondent does not amount to any harassment. We take on record the submission of learned Government Pleader and close this Writ Petition. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/27/05

WP(C) No.15596 of 2015 -:3:-