Dismissed

Pullath Samad v. the District Police Chief Malappuram

Kerala HC19 Jul 2021WP(C)/13626/2021

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging alleged police harassment. It directed the respondent police to follow CrPC procedures if the petitioner's presence is needed for investigation, noting no crime had been registered.

What did the court decide?

Direction to the 2nd respondent to exhaust provisions of the Code of Criminal Procedure if the presence of the petitioner is required for any investigation.

Pullath Samad Vs the District Police Chief Malappuram — Service and Employment | Kerala HC (2021)

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WP(C) NO. 13626 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 19^TH DAY OF JULY 2021 / 28TH ASHADHA, 1943 WP(C) NO. 13626 OF 2021

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PETITIONER/S:

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PULLATH SAMAD, AGED 62 YEARS, S/O. KUNJIPOKKAR, PULLATH HOUSE, THRIPPANGOD P.O., THIRUR TALUK, MALAPPURAM DISTRICT - 676 108.

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BY ADVS. K.SUJAI SATHIAN MARY LIYA SABU

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RESPONDENT/S:

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1 THE DISTRICT POLICE CHIEF MALAPPURAM DISTRICT POLICE OFFICE, MALAPPURAM - 676 505.

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2 STATION HOUSE OFFICER, TIRUR POLICE STATION, TIRUR, MALAPPURAM - 676 101.

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3 PULLATH RAMLA AGED 47 YEARS, W/O. PULLATH BASHEER, PULLATH HOUSE, THRIPPANGOD HOUSE, THRIPPANGOD P. O., TIRUR TALUK, MALAPPURAM DISTRICT - 676 108.

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4 BADHUSHA S/O. PULLATH BASHEER, PULLATH HOUSE, THRIPPANGOD P. O., TIRUR TALUK, MALAPPURAM DISTRICT - 676 108.

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SRI. P.P. THAJUDEEN, GP

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WP(C) NO. 13626 OF 2021

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13626 OF 2021

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JUDGMENT

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The petitioner is before this Court contending that he is being unnecessarily harassed by the 2nd respondent at the instance of the party respondents.

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Miss Mary Liya Sabu, the learned counsel appearing for the petitioner submitted that the 3rd respondent has initiated proceedings under the Negotiable Instruments Act against the petitioner herein and the same is pending. According to the learned counsel, the Police have no right to interfere in such disputes which are pending before Courts or to pressurize the petitioner to effect the payment.

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The learned Government Pleader on instructions submitted that the 3rd respondent had lodged a complaint before the 2nd respondent alleging that money was borrowed by the petitioner herein and that the same was not returned. As the 3rd respondent is a lady, the petitioner was called over the phone to enquire into the genuineness of the allegations. Immediately thereafter, the petitioner has approached this Court with this writ petition. It is submitted that no crime was registered and the 3rd respondent was directed to pursue her remedies in accordance with the law.

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In that view of the matter, no further orders are required to be

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WP(C) NO. 13626 OF 2021

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passed. There will be a direction to the 2nd respondent to exhaust the provisions of the Code of Criminal Procedure if the presence of the petitioner

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is required in connection with any investigation of any crime.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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WP(C) NO. 13626 OF 2021 5

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APPENDIX OF WP(C) 13626/2021

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PETITIONER(S) EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE LAWYER'S NOTICE DATED 02.07.2020 ISSUED BY THE 3RD RESPONDENT THROUGH THE COUNSEL, TO THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE REPLY TO EXT. P1 NOTICE DATED 16.07.2020 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 05.07.2021 FILED PETITIONER BEFORE THE 1ST RESPONDENT.

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RESPONDENT(S) EXHIBITS :NIL

Pullath Samad v. the District Police Chief Malappuram

Case brief

What is this about?

What did the court decide?

Pullath Samad v. the District Police Chief Malappuram

Case brief

What is this about?

What did the court decide?

What the court decided

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