IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 17895 of 2010(J) -------------------------------------- PETITIONER(S): ---------------------- SURESHKUMAR VORA, S/O.JAGMOHANDAS, C.C.NO.8/1290, MATTANCHERY.P.O, KOCHI-682 002. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.C.NO.SREEKUMAR. RESPONDENT(S): ------------------------- 1. THE COMMISSIONER OF POLICE, ERNAKULAM. 2. THE ASSISTANT COMMISSIONER OF POLICE, ERNAKULAM. 3. C.I OF POLICE, SPECIAL BRANCH (ERNAKULAM), S.R.M.ROAD, ERNAKULAM. 4. N.V.VARGHESE, 44/1633, NADUVILE MULLOOR, KALOOR.P.O, KOCHI-682 017. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.17895 of 2010-J ---------------------------------------------- Dated, this the 11th day of June, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court alleging harassment by respondents 1 to 3. Briefly put, the case of the petitioner is as follows: Petitioner purchased 36 cents of land from the 4th respondent after paying the entire sale consideration. Nearly an year after the purchase, the 4th respondent filed a complaint before the 2nd respondent raising false allegations. The 4th respondent sought re-transfer of the property and on the basis of the said complaint the Ist respondent and some other officers of police are harassing the petitioner and his family members. Policemen are frequenting the house of the petitioner,it is stated. Petitioner has also produced Ext.P4 which is the notice issued by the Ist respondent Commissioner. 2. Learned Government Pleader, on instruction, submits as follows: On the basis of a complaint from the wife of the 4th respondent, Crime No.925/2010 has been registered against the petitioner and two others. Apart from Sec.420 WPC 17895/2010 -2- IPC, provisions of Kerala Money Lender's Act is also invoked, it is submitted. It is further submitted that on the basis of a complaint lodged by the wife of the 4th respondent to the Inspector General of Police against the 2nd respondent alleging demand of illegal gratification, the Inspector of Police, Special Branch, Ernakulam is conducting enquiry and it is stated that in regard to the said enquiry the said officer will take a statement from the petitioner at his convenience. In view of this submission, we dispose of the writ petition. In regard to Crime No.925/2010 we leave it free to the official respondents to investigate the crime in accordance with law and also with liberty to the petitioner to take such steps as against the crime registered, as he is advised. In regard to the complaint against the 2nd respondent which is on enquiry, the statement of the petitioner which the learned Government Pleader submits will be taken at his convenience shall also be done in accordance with law. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS