IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18611 of 2009(V)
1. T.M.MOIDEENKUTTY, THODIMANNIL HOUSE,
... Petitioner
2. SADIQUALI V.P., S/O.ALI,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE ASSISTANT SUB INSPECTOR OF POLICE,
3. JANARDHANAN, "SREESYLAM", MANJERI,(JUNIO
4. THE SUPERINTENDENT OF POLICE,
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :13/07/2009
O R D E R
P.R.RAMAN & P.BHAVADASAN, JJ.
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W.P.(C) No.18611 of 2009
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Dated this the 13th July,2009
J U D G M E N T
Raman, J.
Alleging police harassment and seeking appropriate
direction, this writ petition is filed. According to the petitioners,
there are some money transactions with the third respondent
who is employed as Junior Superintendent in the office of the
Munsiff Court, Manjeri. It is stated that third respondent is
known to them and he has also long acquaintance with them.
It is stated that there is a promissory note executed by the third
respondent in favour of the first petitioner, but the money was
not paid. Therefore, to enquire about this, first petitioner went
to the house of the third respondent and demanded return of the
amount. But the third respondent misbehaved. It is also alleged
that he has misused his position and borrowed huge amounts
from various sources. When steps were taken by the petitioners
for realisation of the said amount, second respondent came to
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the house of the first petitioner and asked him to come to the
police station for settlement of the dispute. On going there, it
was told that third respondent is in accute financial constrain and
asked the first petitioner to accept an amount of Rs.10,000/=
from the third respondent and to hand over the promissory note
to the third respondent. When first petitioner refused, he has
been repeatedly asked to come to the police station. According
to the petitioners, being a money transaction and dispute of a
civil nature, the police is unnecessarily harassing them.
2. The learned Government Pleader appearing on
behalf of the official respondents submits that a complaint has
been preferred by the third respondent to the Superintendent of
Police, Malappuram, the same has been forwarded to the Station
House Officer, and on receipt of the same, Crime No.403/2009
has been registered under Section 447 and other relevant
sections of Indian Penal Court, by the Manjeri Police Station. It
is further stated that only in connection with the investigation of
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the said crime that the police has asked the first petitioner to
come to the police station.
In the above circumstances, there are no materials
on the basis of which it could be said that there is any
harassment meted out to the petitioners. Petitioners can resort
to other legal remedies available under law. Accordingly, this
writ petition is closed.
P.R.RAMAN, JUDGE
P.BHAVADASAN , JUDGE.
nj.