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2026 Supreme(Online)(Ker) 14881

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SAFNA K.P – Appellant
Versus
DEPUTY SUPERINTENDENT OF POLICE NILAMBUR – Respondent
WP(C) NO. 4478 OF 2026



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

The court affirms procedural norms in investigations when involving civil disputes and outlines due notification requirements for witnesses.

Headnote:The writ petition seeks to restrain respondents from interfering in civil disputes and compelling settlement of monetary claims from the 3rd respondent. The petitioner wishes dismissal due to the ongoing investigation in Crime No.77 of 2026. The court directs the investigation to proceed as per law with appropriate notice. The writ petition is disposed of accordingly.

Table of Content
1. court addresses interferences in civil matters. (Para 1 , 2)
2. petitioner withdraws with conditions of notice. (Para 3)
3. court provides directions for lawful investigation procedures. (Para 4)

JUDGMENT

Writ petition seeks for a direction to the respondents 1 to 3 not to interfere in disputes of a civil nature, and also not to force the petitioner to settle monetary claims raised by the 3rd respondent.

2. The learned Government Pleader, upon instructions submitted that a crime has already been registered against the petitioner, as F.I.R.No.77 of 2026 of Pookottumpadam Police Station for the offence punishable under Section 318(4) of the BNS, 2023 . It was also submitted that writ petition has been filed when petitioner was required to appear before the investigating officer as part of the investigation.

3. Though notice issued to the 3rd respondent has not yet returned, the learned Counsel for the petitioner submitted that, petitioner does not wish to pursue this writ petition, since a crime has been registered, provided, the investigating officer issues notice to the petitioner in accordance with law.

4. Having regard to the nature of the allegations in the writ petition as well as the submissions made as above, I am of the view that the writ petition can be disposed of by directing the 2nd respondent to proceed with the investigation in respect of Crime No.77 of 2026 of Pookottumpadam Police Station, in accordance with law and in case the petitioner is required to appear before him, appropriate notice under Section 35(3) of the BNSS, 2023, be issued. Ordered accordingly.

The writ petition is disposed of as above.

Sd/-

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