Anil Kumar v. Superintendent Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE ACTING CHIEF JUSTICE SRI. ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 WP(C).No. 33680 of 2014 (H) ---------------------------- PETITIONER(S):
------------- ANIL KUMAR AGED 42 YEARS S/O.RAMACHANDRAN, KOMARETH HOUSE, NEENDOOR VADAKKEKARA VILLAGE, NORTH PARUR, ERNAKULAM 683522 BY ADVS.SRI.K.SIMOD SIVAN SMT.K.TRESA RANI GEORGE SRI.A.A.MUHAMMED NASSAR SRI.K.SANTHOSH KUMARAN THAMPI RESPONDENT(S):
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1. SUPERINTENDENT OF POLICE ALUVA RURAL, ERNAKULAM PIN 683101
2. CIRCLE INSPECTOR OF POLICE,VADAKKEKARA, NORTH PARUR,ERNAKULAM PIN 683513
3. SUB INSPECTOR OF POLICE,VADAKKEKARA, NORTH PARUR,ERNAKULAM PIN 683513
4. SASIKUMAR S/O.KESAVAN, KULANGARA HOUSE, PATTANAM NORTH PARAVUR, ERNAKULAM PIN 683522
5. MARTIN C/O. SASIKUMAR, KULANGARA HOUSE, PATTANAM NORTH PARAVUR, ERNAKULAM PIN 683522
6. M.D APPUKUTTAN,MUZHANGIL HOUSE, PATTNAM KARA,NORTH PARAVUR,ERNAKULAM - 683522 BY GOVERNMENT PLEADER SRI.C.R.SHYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 33680 of 2014 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 8/2/2013 WITH ITS ENGLISH TRANSLATION EXHIBIT P2 THE REGISTRATION CERTIFICATE IN RESPECT OF STAGE CARRIAGE VEHICLE KL7AF 3321 EXT.P3: TRUE COPY OF THE FIR REGISTERED AGAINST THE 4TH RESPONDENT WITH ITS ENGLISH TRANSLATION EXT.P4: TRUE COPY OF THE COMPLAINT DATED 12-11-2014 SUBMITTED BEFORE THE IST RESPONDENT EXT.P5: TRUE COPY OF THE RECEIPT DATED 1211-2014 ISSUED BY THE OFFICE OF THE IST RESPONDENT EXT.P6:
TRUE COPY OF THE complaint SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH ITS ENGLISH TRANSALATION EXT.P7: TRUE COPY OF THE RECEIPT DATED 2011-2014 ISSUED BY THE 2ND RESPONDENT
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... ....................................................... Dated this the 2nd day of March, 2015
JUDGMENT
Shaffique, J.
Petitioner claiming to be the lawful owner of a bus bearing Reg. No. KL-07-AF-3321 has approached this Court seeking police protection stating that the custody of the bus has been taken away by the 4 th respondent. It is submitted that on the complaint of the petitioner Crime has been registered against the th respondent for offences involving Sec. 17 of the Money Lenders Act and Secs. 3 and 9 of the Prohibition of Charging Exorbitant Interest, Act, 2003.
2.
According to the petitioner, the 4 th respondent had made use of certain signed blank papers and cheque leaves from
the petitioner and has taken custody of the vehicle. Though a complaint has been preferred before the first respondent, no action has been taken by the police in the matter.
3. The learned State Attorney, on instructions, submitted that police had made an enquiry with reference to Ext. P6 complaint preferred by the petitioner before the 2 nd respondent, and found that the same has been false.
4. Having regard to the above said submission, we are of the view that, the issue involved between the petitioner and 4 th respondent is with reference to the right to have custody of the bus, which the petitioner claims to be the absolute owner. This is an issue which cannot be decided by the police. The petitioner will have to approach the appropriate court for necessary reliefs.
Having regard to the aforesaid facts and circumstances, we
do not think that any relief as prayed for by the petitioner can be granted. Reserving the right of the petitioner to approach the Court for necessary relief, this Writ Petition is closed. Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge