IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 27594 of 2011(Y) ------------------------------------ PETITIONER(S): ---------------------- K.S.ABDUL VAHAB, S/O.SULTHAN MOIDEEN, KANJIRAPARAMBIL,MANNAM P.O., NORTH PARAVOOR, PIN 683 520. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ----------------------- 1. SUB INSPECTOR OF POLICE, ALUVA-683 101. 2. AISHA, W/O.SALIM, MEZHUKATTIL HOUSE, EDATHALA KARA, ALUVA EAST VILLAGE, PIN 683 561. R1 BY SENIOR GOVT. PLEADER SRI. M.K.ABOOBACKER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 27594 of 2011(Y) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT-1. TRUE COPY OF THE REPLY NOTICE DATED 03.04.2008 ISSUED ON BEHALF OF THE 2ND RESPONDENT. EXHIBIT-P2. TRUE COPY OF THE REPLY NOTICE DATED 03.04.2008 ISSUED ON BEHALF OF THE 2ND RESPONDENT. EXHIBIT-P3. TRUE COY OF THE NOTICE ISSUED IN FORM 32 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NORTH PARUR ADDRESSED TO THE PETITIONER. EXHIBIT-P4. TRUE COY OF THE PRIVATE COMPLAINT FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, NORTH PARUR AS CRL.M.P.NO.846/2009 IN CRIME NO.1296/2008. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// STU P.A TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 27594 OF 2011 ------------------------ Dated this the 31st day of October, 2011 JUDGMENT Abdul Rehim, J. The petitioner is seeking directions from this court to restrain the first respondent from causing what is termed as 'harassment'. Allegation is that the first respondent is compelling the petitioner to return the documents which he had produced along with Ext.P4 complaint instituted before the Judicial First Class Magistrate Court, North Parur to the 2nd respondent. Averments are to the effect that, the 2nd respondent herein had borrowed a sum of Rs.5 Lakhs from the petitioner on the security of contract executed by her in favour of a 3rd party named Abdul Salam. When repayment of the amount was defaulted, Ext.P1 lawyer notice was issued. The 2nd respondent replied denying the liability, through Ext.P2. Thereafter, the petitioner filed a complaint before the Judicial First Class Magistrate Court, North Parvur which was forwarded WPC.No.27594/2011 2 for investigation to the 1st respondent. But the said case was referred as false and the petitioner had filed a protest complaint before the Judicial First Class Magistrate Court, North Parur, as per Ext. P4, which is now pending disposal before that court. The complaint is that the first respondent is harassing the petitioner to return the documents to the 2nd respondent. 2. When this writ petition came up for consideration , we directed the learned government Pleader to seek instructions regarding correctness of the accusations. Sri.M.K.Aboobacker, learned Senior Government Pleader appearing on behalf of the first respondent submitted that Crime, No.2462/2011 has been registered against the petitioner on the basis of a private complaint submitted by the 2nd respondent before the JFCM Court, Aluva, which was referred for investigation. The offence alleged in the said case are punishable under Sections 420, 406 IPC. It is stated that the above said case is under investigation of the first respondent. 3. Since the petitioner is already implicated as an accused in the above said criminal case, we do not think that the action taken by the first respondent cannot be termed as 'harassment'. WPC.No.27594/2011 3 It is left open to the petitioner to seek appropriate remedy in the case already registered against him, by approaching the competent court. We close this writ petition reserving the liberty to the petitioner to the above extent. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk