Single judge of Kerala High Court closed a writ petition alleging police intimidation to pay third party, recording respondent's denial and preserving right to future inquiry without substantive disposal.
Writ petition closed without records being admitted and judgment made clear that it does not preclude further legal inquiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941
WP(C).No.27017 OF 2019(B)
PETITIONER:
NAUFAL, AGED 45 YEARS, S/O. HAMZA, MUZHIYOTTIL HOUSE, VAIRAMCODE (PO), TIRUR TALUK, MALAPPURAM DISTRICT
BY ADVS. SRI.JAMSHEED HAFIZ SMT.T.S.SREEKUTTY
RESPONDENTS:
2
W.P. (C) No. 27017 of 2019
5 MOHAMMED AJMAL MOIDU, S/O. MOIDU MUHAMMED KUNHI, H.NO. 371, HAYATH KUSHAL NAGAR, KANJAGAD (PO), PIN 671 315 KASARKODE DISTRICT.
SRI. P.P.. THJUDHEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.P. (C) No. 27017 of 2019
W.P. (C) No.27017 of 2019
J U D G M E N T
The case set out by the petitioner in the writ petition
is that the third respondent Police Officer is compelling the petitioner to pay large amounts to the fifth respondent.
instructions, submitted that a complaint has been sent by the fifth respondent to the District Superintendent of Police alleging that the petitioner has defrauded him and obtained from him a sum of Rs.2,17,51,019/-. It is stated that the said complaint was forwarded by the District Superintendent of Police to the third respondent for further action and that the third respondent, on receipt of the said complaint, has only summoned the petitioner for the purpose of making an enquiry, and the third respondent has not compelled the petitioner to make any payment to the fifth respondent.
In the circumstances, the writ petition is closed, recording the submissions made on behalf of the third respondent, and making it clear that this judgment will not
4
W.P. (C) No. 27017 of 2019
preclude the third respondent from conducting any enquiry into
the complaint in accordance with law.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
5
W.P. (C) No. 27017 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 08-05-2019
EXHIBIT P2 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER HEREIN BEFORE THE 2ND RESPONDENT DATED 01-10-2019 WITH ACKNOWLEDGMENT DUE
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
YKB
Naufal
The State of Kerala represented by the Secretary to Home Affairs Department
The Superintendent of Police Malappuram
The Deputy Superintendent of Police Tirur
The Sub Inspector of Police Kalapakanchery
Mohammed Ajmal Moidu
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
