JUDGMENT
1.This writ petition is filed seeking directions to respondents 1 to 3 not to summon the petitioner or take any action in connection with the complaint filed by the 4threspondent.
2. It is the contention of the petitioner that the complaint filed before the police under the provisions in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 by the 4threspondent is only in retaliation to the complaints made by the petitioner with regard to unruly behaviour of the 4threspondent in connection with the affairs of the apartment owners' society.
3.The learned Government Pleader submits, on instructions, that the complaint of the 4threspondent had been looked into, but does not appear to be genuine and that there are several contradictions in the same.
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4.A detailed counter affidavit has been placed on record by the 4threspondent raising several contentions. It is contended that the contentions raised by the petitioner that large amounts are due from the 4threspondent towards maintenance charges is completely untrue and Exhibits R4(a) to (c) are produced in evidence of the said contentions. It is submitted that the 4threspondent had only fenced her own parking area so that others cannot trespass into her property as guaranteed under Section 300A of the Constitution of India. It is stated that the members of the flat were using the 4threspondent's car parking area as passage and carried their belongings which caused damage to her car. It is further contended that the Association had filed a suit against the 4th respondent and had obtained an injunction order, but it is contended by the 4threspondent that the Association could not legally have obtained any such injunction order. It is further submitted that the petitioner had assaulted the 4th
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respondent in the lift and she did not raise any complaint because she feared that he will cause harm to her life. It is further stated that since she understood that there is a threat to her life, she installed a CCTV camera in her flat and that the said installation will not affect anybody's rights. It is submitted that the 4threspondent had submitted complaints before the I.G. Of Police, the City Police Commissioner and the Station House Officer alleging commission of offences under the Schedule Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989, but no steps had been taken thereon.
5.I have considered the contentions advanced. It appears that several disputes, both civil and otherwise, are pending between the petitioner and the 4threspondent. Though there is an order of injunction against the 4threspondent, it appears to be the contention of the 4threspondent in the counter affidavit that the same does not have to be complied with by the 4threspondent. With regard to the
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further contention as to the installation of the CCTV camera also, the specific contention of the petitioner that the camera is placed facing out from the 4threspondent apartment and that the interiors of the neigbouring apartment are also visible in the CCTV camera, appears to be well founded even by the photographs produced by the 4threspondent in this writ petition.
6.I am, therefore of the opinion that in view of the fact that there are allegations and counter allegations in the matter, it could not be safe for this Court to enter into any factual adjudication. However, the pendency of the complaints at instance of the 4threspondent, in the facts and circumstances of the case, cannot be cited as a reason for summoning the petitioner to the police station frequently and without proper reason. The interim order granted in the writ petition is, therefore, made absolute. It is made clear that even in case of criminal complaints being filed against the petitioner and in case the presence of the
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petitioner is found necessary in connection with investigation into any complaint, the petitioner shall be summoned to the police station only after due notices, either under Section 160 Cr.P.C. or Section 41A thereof. The writ petition is ordered accordingly. sd/-
Anu Sivaraman, Judge
sj
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RESPONDENT EXHIBITS
Exhibit R4(A) TRUE COPY OF THE RECEIPT OF ASSOCIATION FUND DATED 10/04/2021
Exhibit R4(B) TRUE COPY OF THE STATEMENT OF ACCOUNT
OF MAINTENANCE CHARGES
Exhibit R4(C) TRUE COPY OF THE E MAIL DATED 19/08/2021
Exhibit R4(D) PHOTOGRAPH OF CAR PARKING AREA WITH
FENCING
RESPONDENT EXHIBITS
Exhibit R4(E) PHOTOGRAPH OF CAR PARKING AREA WITH
TRESPASSERS
RESPONDENT EXHIBITS
Exhibit R4(F) PHOTOGRAPH OF CAR PARKING WITH
TRESPASSES CARRYING BELONGINGS
Exhibit R4(G) PHOTOGRAPH OF CC TV CAMERA INSTALLED IN
FRONT OF FLAT NO. 11 F
Exhibit R4(H) TRUE COPY OF THE COMPLAINT DATED 12/08/2021 SUBMITTED TO THE SUB
INSPECTOR OF POLICE, ERNAKULAM
Exhibit R4(I) TRUE COPY OF THE COMPLAINT DATED 02/03/2022 SUBMITTED TO THE IG AND CITY
POLICE COMMISSIONER, COCHIN CITY
Exhibit R4(J) TRUE COPY OF THE COMPLAINT DATED 28/05/2022 SUBMITTED TO THE SUB
INSPECTOR OF POLICE, PALARIVATTOM
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Exhibit R4(K) TRUE COPY OF THE COMPLAINT TO THE CHIEF MINISTER DATED 05/07/2022
Exhibit R4(L) TRUE COPY OF THE ACKNOWLEDGEMENT DATED 07/07/2022
/True copy/
PS to Judge