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2026 Supreme(Online)(Ker) 13225

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SHAFIQUE K.S. – Appellant
Versus
DEPUTY SUPERINTENDENT OF POLICE – Respondent
WP(C) NO. 5528 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.DENIZEN KOMATH, SHRI.DEAN DENIZEN KOMATH
For the Respondents: GP- RAJEEV JYOTHISH GEORGE

Police cannot be restrained from summoning a party involved in a registered crime during investigation.

Headnote:The petitioner sought to restrain police respondents from interfering in civil disputes, alleging repeated summons. The court noted that a crime is registered as FIR No.96 of 2026 under Section 318(4) of BNSS, 2023. It held that the petitioner's summoning as part of the investigation could not be restrained. Therefore, the court disposed of the writ petition with this observation.

Table of Content
1. filing of civil issues and police intervention. (Para 1 , 2)
2. court holds investigation cannot be restrained. (Para 3)

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.

sd/-

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