IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20250 of 2009(A)
1. FIJI MENILAKATH KOCHUMOHAMMED,
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE,
... Respondent
2. DR.ABDUL HAFEEL AMBALATH MOHINUDHEEN,
For Petitioner :SRI.K.I.SAGEER
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :23/07/2009
O R D E R
P.R. RAMAN & P. BHAVADASAN, JJ.
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W.P.(C) NO. 20250 OF 2009
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DATED THIS, THE 23RD DAY OF JULY, 2009.
J U D G M E N T
Raman, J.
Petitioner alleges police harassment and seeks for appropriate
direction to the first respondent not to harass him in connection with the
complaint filed by the second respondent and to part with the money
due to him.
2. Harassment ordinarily mean annoying, pestering etc.
However, whether there is any harassment meted out to a person will
depend on the facts and circumstances of the case. In a case where a
complaint is received by the police and the police is inquiring into the
complaint and for that purpose, the presence of the petitioner is
required, it cannot be said that there is any harassment. If the complaint
is baseless, certainly petitioner can seek appropriate remedy to quash
the same in appropriate proceedings. But at this stage, we cannot say
as to whether the complaint is true, whether it involves any offence etc.
3. The learned Government Pleader, on instruction, submits that
the petitioner has issued a cheque for 13 and odd lakhs, but not
honoured. But the petitioner would submit that whatever amount due to
WP(C) 20250/2009 2
the party respondent has been completely paid off. It is open to the
petitioner to convince the police authorities about these facts and if
they are convinced of the same, we are sure that he will not be
implicated in any criminal case.
In such circumstances, without prejudice to the right of the
petitioner as stated above, this writ petition is dismissed.
P.R. RAMAN, JUDGE
P. BHAVADASAN, JUDGE.
KNC/-