2025:KER:29320 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 12725 OF 2025 PETITIONER: DR.JACOB JOHN AGED 75 YEARS S/O YOHANNAN, KALAPPURACKAL AKAMPILLIL HOUSE, MEEMPARA.P.O, PUTHENCRUZ, ERNAKULAM, PIN - 682308 BY ADV K.V.SREE VINAYAKAN RESPONDENTS: 1 THE DISTRICT POLICE CHIEF ALUVA RURAL, ERNAKULAM CITY, PIN - 683101 2 THE STATION HOUSE OFFICER, PUTHENCRUZ POLICE STATION, ERNAKULAM, PIN - 682308 3 SAINUDHEEN C.I S/O. IBRAHIM, EDAKKUNNAM, MUNDAKKAYAM P.O, KANJIRAPPILLY TALUK, KOTTAYAM DISTRICT, PIN - 686513 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29320 WP(C)No. 12725 of 2025 2 Dated this the 4th day of April, 2025 JUDGMENT The writ petition is filed, inter alia, to direct the respondents 1 and 2 not to harass the petitioner on a complaint filed by the third respondent. 2. Heard; the learned counsel appearing for the petitioner and the learned Government Pleader. 3. On a consideration of the facts and the materials placed on record, particularly that the dispute between the petitioner and the third respondent is civil in nature, I am of the definite view that the respondents 1 and 2 have no legal right to unnecessarily summon the petitioner to the police station. If the petitioner’s presence is required in any matter, it is up to the respondents 1 and 2 to issue a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the offence alleged against him is punishable for less 2025:KER:29320 WP(C)No. 12725 of 2025 3 than seven years. With the above observations, the writ petition is allowed. Sd/- C.S.DIAS, JUDGE mtk/04.04.25 2025:KER:29320 WP(C)No. 12725 of 2025 4 APPENDIX OF WP(C) 12725/2025 PETITIONER’s EXHIBITS Exhibit P1 THE SCREEN SHOT OF WHATSAPP MESSAGE DATED 19-06-2023 Exhibit P2 TRUE COPY OF THE REGISTERED EXCHANGE DEED EXECUTED BETWEEN THE PETITIONER AND 3RD RESPONDENT DATED 08-10-2024 Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 13-12- 2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH RECEIPT Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 29-01- 2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH RECEIPT