Manjula Chellur, C.J.
Petitioner is before us seeking police protection. According to him, he is the Managing Director of Malabar Scans & Diagnostics Services, which is functioning opposite to Government Medical College, Kozhikode. He entered into an agreement with the Government of Kerala under different schemes, under which scanning facilities are done at nominal rates so far as Government hospitals. Petitioner has obtained loan from Oriental Bank of Commerce to establish the diagnostic centre. He alleges that he borrowed ₹5 lakhs from respondents 3 to 6 and the same was repaid with interest. In spite of paying substantial amount, respondents 3 to 6 are demanding illegally exorbitant interest and ultimately they trespassed into the scanning centre on 26.5.2014 threatening staff of petitioner and the patients present. Respondents 3 to 6 have taken away a WA.679/14 2 cheque of the diagnostic centre for a sum of ₹20,80,000/- and another cash cheque for ₹10 lakhs.
They have also taken away ten coupon books kept in the centre. When petitioner approached respondent police, no action was taken by them, therefore, they are before this Court.
2. On instructions, learned Government Pleader submits, respondents 3 and 5 had given a sum of ₹30 lakhs to petitioner, when petitioner promised to take him to partnership of diagnostic centre. However, he did not keep up his promise and did not pay back the money as well. When respondents 3 and 5 demanded return of money, he executed a power-of-attorney to sell one of his properties in favour of respondents 3 and 5. Other than this, there was no untoward incident, which warrants interference by respondent police.
3. According to learned Government Pleader, diagnostic centre is situated at a distance of 200 metres away from police station and no one has lodged a complaint so far other than petitioner.
WA.679/14 3
4. In the light of above submissions, which involve several factual controversies, we are of the opinion, there cannot be a blanket protection order in favour of petitioner. If he still feels he has material to establish the same, he is at liberty to approach Magistrate's Court with a private complaint. So far as many dealings between the parties, respondent police shall not intervene in the same. It is open to petitioner to seek under order of injunction restraining party respondents from interfering with his business premises and also the business. Unless a situation disturbs law and order or there is commission of crime, or attempt to commit crime, respondent police shall not intervene in the matter.
With these observations, Writ Petition is disposed of.
MANJULA CHELLUR, CHIEF JUSTICE
vgs28.6.14
P.R.RAMACHANDRA MENON, JUDGE