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Ansari.K.S vs State Of Kerala

High Court Of Kerala|27 May, 2014
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JUDGMENT / ORDER

Ramachandra Menon, J
The alleged harassment by police in connection with the civil dispute, particularly in directing the petitioner to produce one of his friends, against whom some enquiry is going on.
2. The case of the writ petitioner is that he is in occupation of the premises, building No. B 2016, Jawaharlar Nehru Stadium, Kaloor where he is doing his business of selling second hand cars under the name and style 'G.E. car Mart'. By virtue of his friendship with a person by name Yahia A.K., petitioner permitted him to occupy his premises for some time to finalise some business transaction sought to be pursued by the said friend in connection with sea food business. But for permitting to use the said office for a short while, the petitioner has no connection with Yahia and is not interested in any of his business activities.
3. On 20.05.2014, Police came to the business premises of the petitioner and required the petitioner to produce Yahia, alleging that he has cheated somebody who has filed a complaint.
WP(C) No. 13320 of 2014 -:2:-
It is stated that the petitioner was called upon to the police station and is being harassed in this regard.
4. Learned Government Pleader appearing for respondents submits that the allegation of the petitioner that Police are harassing him is far away from the track of truth. It is stated that petitioner's office premises were made use of by some of his friends including Mr.Yahia, who were pursuing sea food export business. In connection with said transaction, they had entered into an agreement for exporting 6000 Kgs of prawns for which a sum of Rs.8 lakhs was accepted as advance and the balance was to be paid at the time of supply. They did not choose to honour their words and thus cheated the concerned party, which led to the complaint. The matter was enquired into and it was accordingly, that the Police visited the business premises of the petitioner. When the Police visited the premises, the petitioner was not available there. Apprehending further course of action, the petitioner has approached this Court without understanding the true state of affairs.
5. It is asserted by learned Government Pleader that the Police does not have any intention to harass the petitioner. It is WP(C) No. 13320 of 2014 -:3:-
also pointed out that the premises had to be searched to ascertain whether any incriminating materials were there, in connection with the crime and nothing more than that.
After hearing both the sides this Court finds that there is no case that the petitioner has any involvement with regard to the crime registered by the Police and the Police has no intention to harass the petitioner. Recording the submission of learned the Government Pleader as above, the matter is disposed of accordingly.
Manjula Chellur, Chief Justice.
ttb/30/05 P.R. Ramachandra Menon, Judge.
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Title

Ansari.K.S vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
27 May, 2014
Judges
  • Manjula Chellur
  • Manjula Chellur
  • P R Ramachandra Menon
Advocates
  • B S Suresh Kumar
  • Sri