IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 1525 of 2011(M) ------------------------- PETITIONER: --------------- NAZIM, S/O.ABDUL ASEEZ, KARIMBALAYIL HOUSE, PONGANADU, KILIMANOOR, THIRUVANANTHAPURAM(DIST). BY ADV. SRI.ANIL K.MOHAMMED RESPONDENTS: --------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695002. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM-695002. 3. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM (DIST), 695542. 4. MINIMOL, W/O.SALEEM MUHAMMED, KALPANA HOUSE, KALLAMBALAM, THIRUVANANTHAPURAM-695032. GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.1525 of 2011 ***************************** Dated this the 24th day of January, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition under Article 226 of the Constitution of India for issue of directions to respondents 1 to 3 to ensure that the petitioner is not unnecessarily vexed and harassed by the 3rd respondent at the instance of the 4th respondent. 2. According to the petitioner, the 4th respondent is a very influential person. Her father is the area secretary of a major ruling party (C.P.M). Succumbing to the influence of the father of the 4th respondent, the 3rd respondent is vexing and harassing the petitioner, complains the petitioner. The 4th respondent had issued a cheque to the petitioner and the petitioner has initiated a prosecution under Section 138 of the Negotiable Instruments Act. That prosecution against the 4th respondent is pending. Later the petitioner filed a complaint and Crime No.417 of 2009 was registered under Section 420 I.P.C against the 4th respondent and others. The police investigated that crime and referred the same. Aggrieved by that, the petitioner has preferred a protest complaint now. Cognizance W.P(C) No.1525 of 2011 2 has been taken by the learned Magistrate. At this juncture, the 3rd respondent, at the instance of the 4th respondent, is coercing and harassing the petitioner to withdraw the said private complaint. The petitioner has a further grievance that in a transparent attempt to vex and harass the petitioner, the police are registering crimes against the petitioner at various places. Crime No.15 of 2010 of Kallambalam police station has been registered. The petitioner has been arrayed as an accused in that crime. The petitioner and some others as well as the petitioner's advocate have been arrayed as accused in that crime. The advocate of the petitioner approached this Court and got the proceedings against him quashed under Ext.P1 judgment. A crime has been registered as Crime No.252 of 2010 of Munambam police station and another crime has been registered at the Palakkad Town North Police Station against the petitioner at the instance of a person who figures as the 4th accused in the private complaint filed by the petitioner under Section 420 I.P.C. The learned counsel for the petitioner, in these circumstances, submits that appropriate directions may be issued to ensure that the petitioner is not put to such undeserved vexation and harassment. W.P(C) No.1525 of 2011 3 3. The Bench which dealt with the matter on 17.01.2011 did not choose to admit the matter, but directed the learned Government Pleader to take instructions. The learned Government Pleader after taking instructions submits that the 3rd respondent has nothing to do with the 4th respondent or his father. The 3rd respondent is now working at Attingal and is not in any way connected with the registration or investigation of any of the crimes referred to by the petitioner. The petitioner is under a wrong impression that the 3rd respondent is helping the 4th respondent to initiate proceedings against the petitioner. The learned Government Pleader after taking instructions from the 3rd respondent submits that the 3rd respondent shall not in any way get involved in the disputes between the petitioner and the 4th respondent. But the learned Government Pleader submits that necessary action in accordance with law shall be taken in all the crimes registered by the police officials other than the 3rd respondent. 4. We take note of the stand taken by the learned Government Pleader. We take note of the assertion that the 3rd respondent is not investigating and shall not play any role in proceedings if any initiated against the petitioner by the 4th W.P(C) No.1525 of 2011 4 respondent. We are satisfied, in these circumstances, that the said submission of the learned Government Pleader can be accepted and this petition can be closed. 5. In the result, this Writ Petition is dismissed with the above observations. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/