IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 32902 of 2010(K) --------------------------------------- PETITIONER: ------------------- MOHAMMED RAFI, S/O.HAMZA, PANDIKASSERY HOUSE, PARAPPANGADI AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM-676 505. 2. THE CIRCLE INSPECTOR OF POLICE, TANUR-676 307. 3. THE SUB INSPECTOR OF POLICE, THENHIPALAM-676 505. 4. THE SUB INSPECTOR OF POLICE, PARAPPANANGADI-676 303. 5. MUSTHAFA, S/O.ABOOBACKER, THOTTATHIL HOUSE,NADUVA AMSOM DESOM, P.O.PARAPPANANGADI,TIRURANGADI TALUK, MALAPPURAM DISTRICT-676 303. 6. NADEERA W/O.MUSTHAFA, -DO- -DO- 7. THE POLICE COMPLAINT COMMITTEE, MALAPPURAM DISTRICT, COLLECTORATE, MALAPPURAM-676 505. R1 TO R4 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R5 & R6 BY ADV. SRI.JAMSHEED HAFIZ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32902/2010-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE BY THE R.2. EXT.P.2: COPY OF THE COMPLAINT BEFORE THE R.1. EXT.P.3: COPY OF THE POSTAL ACK. CARD. EXT.P.4: COPY OF THE F.I.R. EXT.P.5: COPY OF THE SEIZURE MAHAZAR. EXT.P.6: COPY OF THE CHEQUE. EXT.P.7: COPY OF THE COMPLAINT DTD. 21/06/2010. EXT.P.8: COPY OF THE COMPLAINT TO THE R.4. EXT.P.9: COPY OF THE PLAINT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 32902 OF 2010 ============================ Dated this the 25th day of November, 2010 JUDGMENT K.M. Joseph, J. The petitioner has approached this court complaining of inaction on the part of the police in granting protection from respondents 5 and 6 and their goondaic associates for the life of the petitioner and there is also a prayer for direction to respondents 1 and 7 to make enquiry into Exts.P2, P7 and P8 complaints. A counter affidavit is filed by respondents 5 and 6. In the complaint, it is inter alia stated as follows. “This writ petition is only an attempt by the petitioner to escape the enquiry of the police under the above registered crime. The 5th respondent neither attempted to kidnap nor create any threat to the life of the petitioner. Ext.P9 suit filed by the respondents would show that the respondents are persons who would take only the due course of law and does not Wpc 32902/2010 2 intend to threaten or kill the petitioner. Hence both the prayers in the writ petition cannot be granted. Hence it is humbly prayed before this honourable court that this honourable court may be pleased to dismiss the writ petition with the cost of these respondent”. 2. The counsel for the party respondents reiterate that they have no intention to cause any threat to the life of the petitioner. We record the said submission and dispose of the writ petition. We also make it clear that it is open to the petitioner to prosecute Exts.P2, P7 and P8 complaints before the concerned authorities. Writ petition is closed. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk Wpc 32902/2010 3