High Court of KeralaWP(C)/30852/2015disposed of

Manoj Alunkal v. Sub Inspector Of Police

2015-12-02Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

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 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 WP(C).No. 30852 of 2015 (F) ---------------------------- PETITIONER :

----------------------- MANOJ ALUNKAL, AGED 40 YEARS, S/O.NARAYANAN, ALUNKAL HOUSE, NANTHIATTUKUNNAM, NORTH PARAVUR, ERNAKULAM -683 513 BY ADVS.SRI.MANOJ C NAIR SRI.BIJU HARIHARAN RESPONDENT(S):

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

1. SUB INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION -683 513

2. ANSON JOHN.K., AGED 45 YEARS, S/O. KUNNATHOOR JOHN, CHERIYAPALLAMTHURATHUKARA, NORTH PARAVUR VILLAGE, PARVUR TALUK, ERNAKULAM- 683 513 *3. SREEKUTTAN, CHUNGATH HOUSE, NORTH PARAVUR- 683 513 (DELETED) *R3: SREEKUTTAN, CHUNGATH HOUSE, NORTH PARAVUR-683 513.

*IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 24/11/2015 IN IA.NO.16958/2015.

R1 BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 30852 of 2015 (F) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 TRUE COPY OF AGREEMENT EXECUTED BETWEEN ANSON JOHN K, MANOJ ALUNKAL AND JAYAKUSUMAM DATED 22-10-2013 WITH TRANSLATION P2.

THE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY SWAPNALEKHA BEFORE THE S.I OF POLICE, NORTH PARAVUR, DATED 01-06-2015 WITH TRANSLATION P3.

THE RECEIPT EVIDENCING SUBMISSION OF THE COMPLAINT ON 15-06-2015 ISSUED BY THE DISTRICT POLICE OFFICE RURAL P4.

TRUE COPY OF THE ORDER OF HIGH COURT OF KERALA IN BAIL APPLICATION NO. 4409/15, DATED 09/09/15.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

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

------------------------------------- W.P.(C)No.30852 of 2015 ---------------------------------- Dated this the 2nd day of December, 2015.

J U D G M E N T

SHAFFIQUE, J.

This writ petition has been filed seeking police protection alleging that the 2nd and 3rd respondents along with his men are threatening the petitioner. It is stated that there are some financial transactions, by which the petitioner had borrowed certain amounts from the 2nd respondent and though the time for payment has not expired, the 2nd respondent demanded back the money. Since the petitioner was engaged in the process of producing and releasing of a Movie, he could not repay the amount as per the demand and in the meantime, an attempt was being made by respondents 2 and 3 to physically assault him and his family members.

2. The learned Government Pleader on instructions would submit that an enquiry is pending against the petitioner in respect of a complaint filed by the 3rd

W.P.(C)No.30852 of 2015 respondent's mother in law and a crime has been registered as Crime No.1397/15 at N.Parur Police station.

3. Be that as it may, the police need to interfere in the matter, only if any offence is committed or there is attempt to commit offence. The police cannot involve in the matter relating to financial transactions between the petitioner and the 2nd respondent.

In the result, this writ petition is disposed of as under :

If any offence is committed or there is any attempt to commit offence, on the complaint of the petitioner, the 1st respondent shall look into the matter and do the needful.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

ami/ //True copy// P.A. to Judge