Full Judgment
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 FRIDAY, THE22D DAY OF AUGUST201431ST SRAVANA, 1936 WP(C).No. 21228 of 2014 (C) ---------------------------- PETITIONER : --------------- DEEPAK KRISHNAN AGED36YEARS S/O.LATE M.GOPALAKRISHNAN, KARTHIKA, AVENUE NO.7 BANK ROAD, KALOOR, COCHIN-17 ALSO DIRECTOR OF PINNACH INNOVATIVE TECHNOLOGIES PVT.LTD. PINNACH ARCADE, CHITTOOR ROAD, COCHIN-682011. BY ADVS.SRI.PRAVEEN K. JOY SRI.T.A.JOY RESPONDENTS : ------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, (HOME DEPARTMENT) SECRETARIAT, TRIVANDRUM-695001.
2. THE INSPECTOR GENERAL OF POLICE ERNAKULAM REGION, ERNAKULAM-682018.
3. THE COMMISSIONER OF POLICE ERNAKULAM-682018.
4. THE ASSISTANT COMMISSIONER OF POLICE CENTRAL POLICE STATION, ERNAKULAM-682018.
5. THE SUB INSPECTOR OF POLICE CENTRAL POLICE STATION, ERNAKULAM-682018.
6. NILEESH COUTINHO FATHER'S NAME NOT KNOWN, GENERAL MANAGER (SALES) M/S.EMBEE SOFTWARE PRIVATE LTD. HAVING REGISTERED OFFICE AT8 AJC BOSE ROAD CIRCULAR COURT, 2ND FLOOR, KOLKATTA700017 AND HAVING BRANCH OFFICE AT701 ADVENT ATRIA CHINCHOLI BORDER
ROAD, OPP: KINGSTONE TOWER MALAD (WEST), MUMBAI-400 064. R1 TO R5 BY SPL.GOVERNMENT PLEADER, SRI. SUJITH MATHEW JOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2208-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21228 of 2014 (C) ---------------------------- APPENDIX PETITIONER'S EXHIBITS : ----------------------------- EXHIBIT P1 : TRUE COPY OF THE LETTER DT.30-8-2013 OF M/S.PINNACLE INNOVATIVE TECHNOLOGIES (P)LTD. TO ACCOUNTS OFFICER OF M/S.EMBEE SOFTWARE (P) LTD. EXHIBIT P2 : TRUE COPY OF THE NOTICE DT.30-9-2013 TO THE PETITIONER FROM RADHIKA AND CO. EXHIBIT P3 : TRUE COPY OF THE COMPLAINT IN CASE NO.40761/13 BEFORE THE CHIEF METROPOLITAN MAGISTRATE, KOLKATTA. EXHIBIT P4 : TRUE COPY OF THE COMPLAINT BEFORE RESPONDENTS2AND3DT.12-8-2014. RESPONDENTS' EXHIBITS : ------------------------------ NIL /TRUE COPY/ PA TO JUDGE ASHOK BHUSHAN, Ag.C.J.
& A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 21228 OF2014- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August, 2014 JUDGMENT
Ashok Bhushan, Ag.C.J.
Heard learned counsel for the petitioner as well as learned Government Pleader.
2. By this writ petition the petitioner has prayed for a mandamus directing 4th and 5th respondents not to cause police harassment to the petitioner upon the influence of 6th respondent in civil/monetary dispute.
3. Petitioner's case is that there were certain business transactions with the private respondent(6th respondent) which resulted in the dispute. It is submitted that at the instance of 6th respondent, petitioner was called upon to the police station. Petitioner's case is that the dispute between the parties is purely of civil nature and police authorities have no authority to intervene in the matter.
4. Learned Government Pleader after obtaining instructions submitted that though the petitioner was called upon to the police station, but after knowing that the dispute WP(C) No. 21228 of 2014 -:2:- between the parties is of civil nature, parties were advised to take their appropriate remedy. He submitted that Police has closed the matter. In the aforesaid reason, we see no reason to keep the petition pending. In view of the submission made by learned Government Pleader, this Writ Petition is closed. Ashok Bhushan, Acting Chief Justice. A.M. Shaffique, Judge. ttb/22/08