A writ petition seeking police intervention in a monetary dispute between a vehicle repair workshop and money lenders. The High Court found the apprehension of threats far-fetched, dismissed as the matter was civil in nature.
Writ petition dismissed; petitioners apprehension of threats found far-fetched; matter is civil and does not require police action.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945
WP(C) NO. 1355 OF 2020
PETITIONERS:
1 ZUBAIR.MAGED 52 YEARS, S/O. MUHAMMED KUTTY,
KULAMULLAKANDIYALI, HOUSE, PALIYIL, CHENNAMANGALLOOR,
MUKKAM, KOZHIKODE 673 602, (MOBILE 7025422223)
2SHAHUL HAMEED,
AGED 23 YEARS, S/O. ZUBAIR,
KULAMULLAKANDIYAIL, HOUSE, PALIYIL,
CHENNAMANGALLOOR, MUKKAM, KOZHIKODE 673 602.
BY ADVS.
P.FAIZAL
SRI.A.E.ALIYAR
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.2THE DISTRICT SUPERINTEND OF POLICE,
KOZHIKODE RURAL, THE DISTRICT POLICE OFFICE,
PUDUPPANAM, VADAKARA,
KOZHIKODE DISTRICT, PIN - 673 105.
3 THE SHO/SUB INSPECTOR OF POLICE , MUKKAM POLICE STATION, KOZHIKODE DISTRICT, PIN - 673 602.4SHIBI,
AGED 48 YEARS
(AUTO DRIVER), MUKKAM BUS STAND, MUKKAM,
KOZHIKODE, PIN - 673 602, (MOBILE 9745918830).
5 UBAID, S/O. ABDURAHIMAN, KAKKAD, KARASSERY P.O.WP(C) NO. 1355 OF 2020
2
KOZHIKODE, PIN - 673 602, (MOBILE 7306669677).
6SIRAJ,
AGED 50 YEARS
S/O. IMBICHIMOTHI, PANAKKOTTIL HOUSE,
CHENNAMANGALLOOR P.O. MUKKAM,
KOZHIKODE, PIN - 673 602.
7SALEEM,
AGED 58 YEARS
S/O. KUNHAVARAN, CHALAKKANDI,
CHENNAMANGALLOOR, MUKKAM,
KOZHIKODE, PIN - 673 602, (MOBILE 9539491950).
BY ADVS.
SRI.A.RANJITH NARAYANAN
SRI.K.ABOOBACKER SIDHEEQUE
SMT.A.SIMI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 1355 OF 2020
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JUDGMENT
WP(C) NO. 1355 OF 2020
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worth Rs.50/- (Rupees Fifty only) and two signed blank papers from the 1st petitioner. Petitioners had been paying Rs.12,000/- (Rupees twelve thousand only) every month towards the instalments which have been paid for thirty two (32) months. Another amount of Rs.4 lakhs on two occasions was paid by the 5th respondent. In lieu thereof, in similar fashion, the signed blank paper and stamp papers were obtained and this continued by extending the facility of loan by Rs.6 lakhs for which loan instalments had been paid. The respondents demanded the entire amount without accounting or considering the amounts paid and also extended threats. Petitioners were ready to clear the actual due amounts to the respective creditors by instalments if they were permitted to run the workshop. The 1st petitioner filed a complaint dated 4.11.2019 against respondents 4 to 7 before the 3rd respondent but no action was taken. Another complaint by registered post dated 19.11.2019 was also sent Ext.P8. In that background, petitioners approached this Court.
WP(C) NO. 1355 OF 2020
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submitted that it was a money transaction and respondents never threatened of any dire consequences. It is an attempt to shift the focus of recovery of the amount by making a false complaint to the police. It was purely a financial transaction and had never extended any threat. This Court attempted to arrive at some mediation by sending the matter to mediation and conciliation, but as per the report, mediation also failed.
civil matter does not require any police protection.
WP(C) NO. 1355 OF 2020
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any threats extended to the petitioners and have also
submitted that steps for recovery will be taken in accordance with law.
for interference is made out. Writ petition is dismissed.
AMIT RAWAL JUDGE
nak
WP(C) NO. 1355 OF 2020
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APPENDIX OF WP(C) 1355/2020
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF LEASE DEED OF 13.6.17.
EXHIBIT P2TRUE COPY OF LEASE DEED OF 8.6.18
EXHIBIT P3TRUE COPY OF THE ORDER DATED 12.1.18
ACCORDING PERMISSION FOR INSTALLING
23.5.HP ELECTRIC MOTORS BY MUKKAM
MUNICIPALITY.
EXHIBIT P4RENEWED LICENSE DATED 18.6.19 FROM
MUNICIPALITY.
EXHIBIT P5TRUE COPY OF THE ACCIDENT, REGISTER CUM
WOUND CERTIFICATE DATED 31.10.19, GOVT.
MEDICAL COLLEGE, KOZHIKODE.
EXHIBIT P6TRUE COPY OF THE EMERGENCY OUT PATIENT
CARD DATED 31.10.19, FROM GOVT, MEDICAL
COLLEGE.
EXHIBIT P7TRUE COPY OF THE COMPLAINT DATED
4.11.19 BEFORE 3RD RESPONDENT.
EXHIBIT P8TRUE COPY OF THE COMPLAINT DATED
19.11.19 BEFORE 2ND RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R6(a)TRUE COPY OF THE AGREEMENT DATED
19/02/2019.
EXHIBIT R7(A)A TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN 2ND PETITIONER AND THIS
RESPONDENT DATED 08.02.2019.
2 issues framed by the court
Whether the petitioners have a ground for interfering with a money-lender dispute by filing a police complaint on false alarm of threats.
Whether a money transaction dispute disguised as a threat case requires police protection or judicial intervention.
ZUBAIR.M
SHAHUL HAMEED
STATE OF KERALA
THE DISTRICT SUPERINTEND OF POLICE, KOZHIKODE RURAL
THE SHO/SUB INSPECTOR OF POLICE , MUKKAM POLICE STATION
SHIBI
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court