IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 25361 of 2009(M) -------------------------- PETITIONER(S): --------------- L.N.POTTY, "POOJA" TERLAK ROAD, SANSCRIT COLLEGE ROAD, NEAR S.N.JUNCTION, THRIPUNITHURA, ERNAKULAM, COCHIN-682 301. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, HEAD OFFICE, THIRUVANANTHAPURAM. 2. THE CITY POLICE COMMISSIONER, KOCHI CITY. 3. CIRCLE INSPECTOR OF POLICE, HILL PALACE POLICE STATION, THRIPUNITHURA. 4. K.REJIKUMAR, PROPRIETOR OF M/S.SOORYA CONSULTANCY, FLAT NO.3F/1, KATTICARAN TOWERS, KACHERIPPADI, ERNAKULAM, KOCHI-682 018. 5. MR.ABDUL ALIEF, MEPPATHE HOUSE, L P S ROAD, PALARIVATTOM, C/O.K.REJIKUMAR, FLAT NO.3F/1, KATTIKARAN TOWERS, KACHERIPPADI, KOCHI-682 018. ADV. SRI.VIJU THOMAS FOR R4 SMT.M.MEENA JOHN FOR R4 GOVT.PLEADER SRI.T.K.VIPINDAS-R1, R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.25361 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of agreement. Ext.P2: A true copy of petition dated 23.7.2009. Ext.P3: A true copy of complaint dated 28.8.2009. Additional Ext.P4: True copy of the letter dated 16.7.2004 issued by State Bank of India to 5th respondent. Additional Ext.P5: True copy of letter dated 9.7.2004 issued by Bank of Maharastra the Bank guarantee issuing bank to State Bank of India RESPONDENTS' EXHIBITS: Ext.R4(a): The true copy of the photocopy of the bank guarantee dated 25/03/04. Ext.R4(b): The true copy of the photocopy of the bank guarantee dated 08/10/2004. Ext.R4(c): The true photocopy of the cheque dated 30/7/2006. Ext.R4(d): The true copy of the intimation dated 6/8/04 showing the dishonour of the cheque. Ext.R4(e): The true copy of the complaint filed dated 23/07/09 by this respondent before the Commissioner of Police, Kochi city. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO.25361 OF 2009 --------------------------------------------- Dated this the 29th day of October, 2009 JUDGMENT Learned counsel appearing for the 4th respondent submits that the said respondent has not caused any threat to the life of the petitioner. The petitioner has in fact cheated the 4th respondent, it is submitted. It is also submitted that the 4th respondent has filed a complaint before the Commissioner of police as Ext.R4(e). Be that as it may, in view of the submission that the 4th respondent does not intend to cause any difficulty to the petitioner's peaceful life, the Writ Petition is disposed of making it clear that in the event of any threat to the life of the petitioner, it will be open to him to approach the police in which case the police will take appropriate action to see that law and order is maintained. However, we make it clear that the judgment shall not stand in the way of the police discharging their statutory duty of enquiring into or investigating any complaint or case in which the parties are involved, in accordance with law. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) spc W.P.(C) NO. 2