IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 7636 of 2009(Q) ------------------------------------- PETITIONER(S): -------------------------- ASHRAF P.M.S/O.ABDUL RAHIMAN, NAFEESA BEEVI MANZIL, MILL ROAD,POST VALAPATTANAM, KANNUR DIST. BY ADVS.MR.SUNIL NAIR PALAKKAT MR.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): ----------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, KANNUR DIVISION, KANNUR (DT) 2. KALANTHARAKATH HAROON,S/O.MOOSAKUNHI, KANJIRODE AMSOM, THALAMUNDA DESOM,KANNUR THALUK, KANNUR. 3. ABDUL RAHIMAN, KUTTIALIPPURATH KAPPADATHIL, S/O.HASSAN, THOUFEEQ MANZIL, POST KOYYOODE, KADACHIRA VIA,KANNUR. BY SR. GOVT. PLEADER MR.GIKKU JACOB BY ADVS.MR.M.RAMESH CHANDER FOR R2 MR.P.K.RAVISANKAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 7636/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AGREEMENT DT. 14.1.08 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT. P2:- COPY OF THE AGREEMENT DT. 23.1.08 EXECUTED BY THE PETITIONER IN FAVOUR OF THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE TSS M.SASIDHARAN NAMBIAR,J. ----------------------------------------- W.P.C.NO.7636 OF 2009 ------------------------------------------ Dated 25th May 2009 JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus restraining first respondent from harassing petitioner in respect of Ext.P2 agreement. As per order dated 2/4/2009, Division Bench found that police has only registered a case and there is no harassment as such. Though the question whether complaint should be quashed or not was directed to be decided, that is not a question to be decided in this writ petition. Even according to the petitioner he filed Crl.M.C.1249/2009 a petition under Section 482 of Code of Criminal Procedure, for that very purpose. Therefore nothing survives in this petition and it is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.