IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SHAFIQUE K.S. – Appellant
Versus
DEPUTY SUPERINTENDENT OF POLICE – Respondent
JUDGMENT
The above writ petition has been filed seeking to refrain respondents 1 and 2 from interfering in disputes pursuant to complaints which are actually disputes of a civil nature and for a direction to refrain respondents 1 and 2 from repeatedly summoning the petitioner to the Police Station.
2. The learned counsel for the petitioner, as well as the learned Government Pleader, submitted that a crime has already been registered as FIR No.96 of 2026 before the Koratty Police Station, alleging an offence punishable under Section 318 (4) of BNSS , 2023.
3. Since the crime has already been registered against the petitioner, the summoning him as part of investigation cannot be restrained. Hence, the relief prayed for by the petitioner cannot be granted.
Needless to mention, if the petitioner wants to be part of the investigation, the investigating officer shall issue notice u/s.35 of BNSS , 2023.
The writ petition is disposed of with the above observation.
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