IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 32244 of 2011(E) -------------------------- PETITIONER(S): --------------- C.JAYANANDAN, S/O.CHANDRAN, AGED 35 YEARS, KIZHAKEPURA HOUSE, KUTTIYAMPAKKU, THRISSUR P.O., ELAPULLY, PALAKKAD DISTRICT. BY ADV. SRI.T.V.GEORGE SMT.DENNIS VARGHESE RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD-678 001. 2. SRI,PRASOBH, DEPUTY SUPERINTENDENT OF POLICE, PALAKKAD-678 001. 3. M.ABDUL GAFOOR, S/O.MEERA SAHIB, MAYAMKULAM, THENI P.O., ELAPULLY, PALAKKAD-678 622. 4. K.SURESH, S/O.KITTA, KALLANGAD HOUSE, VENGOLI, ELAPULLY, PALAKKAD-678 622. BY GOVT. PLEADER SRI.SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32244 of 2011(E) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF REGISTRATION CARD IN CIVIL CONTRACTOR. EXHIBIT P2- TRUE COPY OF ACKNOWLEDGEMENT ISSUED BY THE INCOME TAX DEPARTMENT FOR THE PAYMENT OF INCOME TAX RETURN FOR THE PERIOD 2009-2010. EXHIBIT P3- TRUE COPY OF BANK ACCOUNT AND STATEMENT DATED 23.9.2010 ISSUED BY THE STATE BANK OF TRAVANCORE, PUTHUR BRANCH IN FAVOUR OF THE PETITIONER. EXHIBIT P4- TRUE COPY OF CRIMINAL COMPLAINT AS CMP NO.5631/2011, FILED BY THE PETITIONER AGAINST THE PETITIONER U/S.138 OF NEGOTIABLE INSTRUMENT ACT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PALAKKAD. EXHIBIT P5- TRUE COPY OF CRIMINAL COMPLAINT AS CMP NO.5627/2011, FILED BY THE PETITIONER AGAINST THE PETITIONER U/S.138 OF NEGOTIABLE INSTRUMENT ACT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PALAKKAD. RESPONDENTS' EXHIBITS :NIL //TRUE COPY// P.A TO JUDGE ab PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.32244 of 2011 -------------------------------------------------- Dated this the 13th day of December, 2011 J U D G M E N T Pius C. Kuriakose, J On considering this writ petition complaining of harassment of the petitioner by the 2nd respondent at the instance of respondents 3 and 4, against whom the petitioner has filed this complaint, we directed the State Attorney who took notice on behalf of respondents 1 and 2 to seek instructions from those respondents. Today on behalf of the State Attorney Sri.Shyson P.Manguzha, the learned Government Pleader submitted that accusations of harassment are untrue. A complaint was received against the petitioner by respondents 3 and 4. The complaint was enquired into and the enquiry reveals that no crime is liable to be registered against the petitioner. The allegation that the police officers are compelling the petitioner to withdraw the complaint filed against respondents 3 and 4 is untrue. There will be no such any compulsion. The attendance of the petitioner is not at present required by respondents 1 and 2 in connection with any enquiry or investigation. We record all the submissions W.P(C) No.32244 of 2011 2 of the learned Government Pleader. We dispose of this writ petition without issuing the directions sought for. However, there will be a direction to respondents 1 and 2 and officers under them that if in future the attendance of the petitioner is required in connection with any enquiry, the petitioner will be issued with notice in writing under Section 160 of the Code of Criminal Procedure. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab