IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 17446 of 2009(A) -------------------------- PETITIONER: --------------- M.I. SHIHABUDHEEN, S/O. MOHAMMED ISMAIL, PROPRIETOR, M.M.S BUS SERVICE, MANATH VADAKKEPUTHEN PURAYIL, THRIKKAKARA, KOCHI - 682 021. BY ADV. SRI.G.HARIHARAN RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 2. ASSISTANT COMMISSIONER OF POLICE, COCHIN CITY, KOMBARA, ERNAKULAM. 3. V.M. SHAMSUDHEEN, S/O. MUHAMMED, PURAKKALATH HOUSE, THAMMANAM, KOCHI - 682 032. 4. K.K. HAKKIM, S/O. HYDROSE, KEEZHATH HOUSE, THAMMANAM, KOCHI - 682 032. GOVT. PLEDER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 17446/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AND THE RESPONDENTS 3 & 4 BEFORE THE REGISTRAR OF FIRMS, THIRUVANANTHAPURAM FOR REGISTRATION OF PARTNERSHIP DEED DATED 1.12.2008. EXT.P2 TRUE COPY OF THE COMPLAINT DATED 25.11.2008 FILED BY THE PETITIONER BEFORE THE CITY COMMISSIONER OF POLICIE, ERNAKULAM. EXT.P3 TRUE COPY OF THE JUDGMENT MADE IN WP(C) NO. 35488/2008 DATED 6.1.2009. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY// P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 17446 OF 2009 = = = = = = = = = = = = = = = = DATED THIS, THE 15TH DAY OF JULY, 2009. J U D G M E N T Raman, J. The facts as revealed by the pleadings show that civil disputes are pending between the petitioner and the party respondents. Ext.P3 judgment rendered by this Court in an earlier writ petition filed by the petitioner herein clearly states that police shall not interfere with the civil disputes between the parties; however, if a complaint is registered, such complaint can be inquired into by the police, according to law. According to the petitioner, subsequently, at the instance of Respondents 3 and 4 a complaint was made and police is calling him every day. 2. Learned Government Pleader, appearing on behalf of the State submitted that police only asked the petitioner to come to the police station to inquire into the complaint made by the party respondents. Though notice was issued to the party respondents and service is complete, they did not enter appearance and filed any counter affidavit to controvert the allegations made in the writ petition. In such circumstances, we direct that WP(C) 17446/2009 :2: as regards the civil dispute is concerned, it is for the parties to get relief from the civil court. Except when any offence is alleged to have been committed under the criminal law, police shall not interfere and in case the appearance of the petitioner is required in connection with any such inquiry or investigation, police shall issue notice under Section 160 of the Code of Criminal procedure. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-