The Court directed the police authorities not to interfere in a civil dispute pending before the Civil Court. Any future summons must strictly comply with the Code of Criminal Procedure.
Directed the 3rd respondent to not interfere in civil disputes and to strictly comply with the Code of Criminal Procedure for any future summons.
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 RAJA VIJAYARAGHAVAN V
TUESDAY, THE 06TH DAY OF OCTOBER 2020 / 14TH ASWINA, 1942
WP(C).No.14912 OF 2020(L)
PETITIONER:
JITHINLAL,
AGED 29 YEARS, S/O.SUBRAMANIAN, RESIDING AT NAMBIATHARA HOUSE, VEMBALUR P.O., KODUNGALLUR, THRISSUR DISTRICT- 680 671.
BY ADVS. SRI.T.S.SARATH SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001.
THRISSUR RURAL - 680 001.
4 SANTHOSH, S/O.NARAYANAN, AGED 40 YEARS, RESIDING AT KIZHAKEPAT HOUSE, PADINJARE VEMBALUR, VEMBALUR P.O., KODUNGALLUR, THRISSUR DISTRICT - 680 671.
W/O.HARILAL, AGED 42 YEARS, RESIDING AT MANDATHARA HOUSE, PADINJARE VEMBALUR, VEMBALUR P.O., KODUNGALLUR, THRISSUR DISTRICT - 680 671.
6 CHANDRIKA, AGED 63 YEARS, W/O.SADANANDAN, CHANADIKAL, VEMBALUR P.O., KODUNGALLUR, THRISSUR DISTRICT - 680 671.
R4-5 BY ADV. SRI.JITHIN BABU A
SRI BIMAL K NATH SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14912 OF 2020
2
JUDGMENT
The petitioner has approached this Court seeking a direction commanding respondent Nos.1 to 3, who are police officials not to harass him and his family members.
WP(C).No.14912 OF 2020
3
abused her. The petitioner as well as the complainant were summoned and they were asked to ensure that peace and order is maintained in the neighbourhood. When it was realised that the disputes were pending before the Civil Court, both sides were directed to exhaust their remedies in accordance with law. It is submitted that the 3rd respondent shall not interfere in any civil disputes and force the petitioner to forego his rights or arrive at a compromise.
WP(C).No.14912 OF 2020
4
3rd respondent shall act in accordance with law and strictly comply with the
relevant provisions of the Code of Criminal Procedure.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
WP(C).No.14912 OF 2020
5
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF INTERIM INJUNCTION ORDER IN O.S.NO.1264/2017 AS ON 26/09/2017.
RESPONDENTS EXHIBITS:NIL
2 issues framed by the court
Whether the police authorities should be directed not to interfere in a dispute already pending adjudication by a Civil Court.
Whether the Station House Officer should adhere to the provisions of the Code of Criminal Procedure when summoning a party in a civil dispute.
JITHINLAL
THE DIRECTOR GENERAL OF POLICE
SUPERINTENDENT OF POLICE
STATION HOUSE OFFICER, MATHILAKAM POLICE STATION
SANTHOSH
БЕЕНА
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
