Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 WP(C) NO. 28711 OF 2023 PETITIONER: JOY MARTIN, AGED 53 YEARS, S/O GILBERT FERNADEZ, SURABHI, AVNRA 57, VINAYAKA NAGAR, ARAPPARA, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM, PIN - 695013 BY ADVS. P.K.SREEVALSAKRISHNAN S.UNNIKRISHNAN (NELLAD) K.R.PRATHISH JOEL CHALAMANA KRISHNA DAS RESPONDENTS: 1 STATION HOUSE OFFICER /CIRCLE INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, CIVIL LINE RD, OPPOSITE PALARIVOTTAM BUS STOP, PALARIVATTOM JUNCTION, SONIA NAGAR, PALARIVATTOM, ERNAKULAM, PIN - 682025 2 PRABATH P.V, TC 24/408, VILAYIL GARDENS, SREEKRISHNA MURULI ROAD, KAITHAMUKKU, TRIVANDRUM, PIN - 695024 OTHER PRESENT: SRI. RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN --------------------- --------------------------- Dated this the 25th day of August, 2023
JUDGMENT
This writ petition is filed with the following prayers:- “i) Issue a writ of mandamus or other appropriate writ
order or direction compelling the respondent No. 1
not to interfere in the civil monetary dispute between the petitioner and 2nd respondent. ii) to issue a writ of order or direction to the respondent No.1 commanding to stop the harassment against the petitioner. iii) pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case. iv) Allow the writ petition writ petition with cost.” (SIC)
2. The petitioner is aggrieved by the harassment
from the 1st respondent through phone at the instance of the 2nd respondent to settle a civil monitory dispute with the 2nd Respondent. It is the case of the petitioner that he and the 2nd Respondent were known to each other for the last several years and while the petitioner was working at abroad, the 2nd respondent had stayed with him and with the help of petitioner, the 2nd Respondent had obtained a job there and resided with petitioner for around 1 ½ years. The 2nd respondent obtained various amounts from the petitioner due to his financial liability. In connection with the same, when steps were taken, the 1st respondent at the instance of the 2nd respondent harassing the petitioner is the submission.
3. Heard the learned counsel for the petitioner and the learned Government Pleader.
4. The learned counsel for the petitioner reiterated
the contentions raised in this writ petition. The learned Government Pleader submitted that the Police will not harass the petitioner, if there is any civil or money transaction is pending between the parties. If that is the case, this writ petition can be disposed of recording the above submission. No notice is necessary to the 2 nd respondent because of the way in which this writ petition is going to be disposed of. I make it clear that, if the presence of the petitioner is necessary, the 1 st respondent will issue a a notice under Section 41A Cr.PC. Therefore, this writ petition is disposed of with the following directions.
1) There shall not be Police harassment from the side of the 1st respondent in connection with any complaint filed by the 2nd respondent regarding any monitory transaction. 2) But, I make it clear that, if any criminal offence is made out, the Police is free to proceed, in accordance with law. 3) If the presence of the petitioner is necessary, the 1st respondent shall issue a notice under Section 41A Cr.PC.
Sd/- P.V.KUNHIKRISHNAN JUDGE bng APPENDIX OF WP(C) 28711/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE ACCOUNTS STATEMENT PERIOD FROM 01.04.2022 TO 07.06.2022 OF KRISHNARAJ & SREENIVASAN VENTURES PVT. LTD SHOWING THE TRANSFER DONE BY THE PETITIONER Exhibit P2 TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER DATED 21.08.2023