ROHIT JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is before this Court against the Police harassment perpetrated by the respondents 2 and 3, who are arrayed in their personal capacity, at the instigation of respondents 4 and 5. The dispute between the petitioner and the respondents 4 and 5 arose on the issue of an LPG gas agency. The petitioner is the complainant in a suit numbered as O.S No.177/2016 before the Sub Court, Thiruvananthapuram for recovery of money.

(2.) As a counterblast to the above suit, respondents 4 to 6 filed a criminal complaint under Section 406 and 420 of the Indian Penal Code. An FIR has been registered as Crime No.13/2017, under guise of investigation in which, the petitioner is being constantly harassed is the case set up in the above writ petition. The petitioner also has a case that at the instigation of respondents 4 to 6, the respondents 2 and 3 are compelling the petitioner to withdraw the civil case filed against the respondents 4 to 6.

(3.) In fact, the learned Counsel for the petitioner submits that the petitioner was before this Court with a Crl.M.C No.2869/2017 seeking a relief for quashing of the FIR registered against him. Therein an interim order was issued on 11.04.2017 wherein this Court had specifically directed that in the event the petitioner's presence is required for interrogation, notice under Section 41A of the Cr.P.C may be issued. He is said to have been interrogated more than once after the said order. Subsequently the Crl.M.C itself was withdrawn without prejudice to any challenge raised against the final report of the Police. The learned Counsel for the petitioner submits that Criminal M.C was withdrawn only since there was a thorough interrogation and the police had assured the petitioner that the final report will be filed soon. No final report has been filed till date. Again, the harassment continues by way of regular summoning to the police station, with the definite intend of coercing the petitioner to withdraw the suit filed.