K.Murugan vs. State Of Kerala - Kerala High Court, 31 August 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUE AY, THE 31ST DAY OF AUGUST 2021 / 9TH BHADRA, 1943 WP(C) NO. 15021 OF 2021 PETITIONER: K.MURUGAN AGED 39 YEARS S/O. KITTU, PROPRIETOR, HOTEL GREEN ARYAS, DOOR NO. 64/3075 D, KATHRIKKADAVU, KALOOR, KOCHI 682 017 BY ADV P.U.ZIYAD RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001 2 CITY POLICE COMMISSIONER KOCHI CITY, MARINE DRIVE WALKWAY, ABDUL KALAM MARG, ERNAKULAM 682 011 3 SRI K. LALJI, ASSISTANT COMMISSIONER OF POLICE, CENTRAL POLICE STATION, ERNAKULAM PIN 682 018 4 SRI VINEETH POLICE OFFICER, CENTRAL POLICE STATION, ERNAKULAM 682 018 5 SRI GURU SUBRAMANIAN, S/O. CHIDAMBARAN, ANJIPPARAMBIL HOUSE, CHELLATH ROAD, KATHRIKADAVU, KOCHI 682 017 GP SRI.E.C.BINEESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 15021 OF 2021 2 JUDGMENT The petitioner alleges that respondents 3 and 4 - Police Officers are summoning him unnecessarily to the Police Station and harassing him. The petitioner concedes that there are some disputes between him and the 5th respondent, but asserts they are in the realm of civil law; and therefore, contends that respondents 3 and 4 or the 2nd respondent - City Police Commissioner, have no role to play in such. He thus prays that the respondent 2 to 4 be directed not to cause him any harassment.

In response, the learned Government Pleader, Shri.E.C.Bineesh, submitted that the afore allegations of the petitioner are wholly untenable and baseless because he was summoned to the Police Station when the competent Police Officer received a complaint against him from the 5th respondent. He added that, after investigation, it has been found that no crime is required to be registered against the petitioner and therefore, that he will not be now required to appear before the Police Station in

WP(C) NO. 15021 OF 2021 3 any manner with respect to the said complaint.

When I consider the afore submissions, it is clear that the petitioner's apprehensions are now unnecessary of being considered on its merits by this Court, when the learned Government Pleader submits that the petitioner has not been implicated in any crime nor his presence being required in the Police Station. Resultantly, recording the afore submissions of the learned Government Pleader, this writ petition is closed; however directing the 2nd respondent and other competent Police Officers to issue the petitioner a notice under Section 41A of the Code of Criminal Procedure, if his presence is required, for any purpose in future with respect to any complaint that may be made by the 5th respondent against him. DEVAN RAMACHANDRAN JUDGE MC/1.9

WP(C) NO. 15021 OF 2021 4 APPENDIX OF WP(C) 15021/2021 PETITIONER EXHIBITS Exhibit P1 THE GST REGISTRATION IN FAVOUR OF THE PETITIONER. Exhibit P2 THE LICENCE ISSUED BY THE CORPORATION OF KOCHI TO THE PETITIONER.