IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 23205 of 2008(K) -------------------------- PETITIONER(S): --------------- JOSHY AUGUSTINE, S/O A.J. AUGUSTINE, ATTIPETIL HOUSE, NEDUMKANDOM, IDUKKI DISTRICT. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY (HOME DEPARTMENT), SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KATTAPANA. 3. THE SUB INSPECTOR OF POLICE, NEDUMKANDAM. 4. P.B. GANESH, S/O P.N. BOPANNA, M/S GANESH RICE MILL, DEVANOOR VILLAGE, BALCLE POST. ADV. SRI.P.S.DIVAKARAN FOR R4 SMT.K.R.KRISHNAKUMARI FOR R4 SR.GOVT. PLEADER SRI.BENJAMIN PAUL – R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 23205/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE PHOTO COPY OF THE FIR NO.371/2007 OF NEDUMKANDOM POLICE STATION. EXT.P2 - TRUE PHOTO COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 14.07.2008 BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXTS. EXT.R4(a) – TRUE COPY OF THE LEGAL NOTICE SENT BY ADV.B.S.PUSHPARAJ OF VIRAJPET DATED 4.12.2007. EXT.R4(b) – TRUE COPY OF THE REPLY NOITCE SENT BY THE PETITIONER DATED 17.12.2007. EXT.R4(c) – TRUE COPY OF THE COMPLAINT BEFORE THE CIVIL JUDGE (JR.DN) AND JMFC AT VIRAJPET DATED 16.1.2008. EXT.R4(d) – TRUE COPY OF THE ORDER PASSED IN THE COMPLAINT BY THE HON'BLE COURT ON 22.02.2008. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 23205 OF 2008-K ----------------------------------------- Dated 16th October, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, alleging that the 4th respondent is threatening him and his life is in danger. The 4th respondent has a totally different story to tell. According to the said respondent, the petitioner owes an amount of Rs.20 lakhs towards the price of coffee beans supplied by him to the petitioner. The petitioner issued two cheques in discharge of that liability. Those cheques bounced. So, he filed a complaint against the petitioner before the competent criminal court. To create a defence in that case, false allegations are raised and thereafter, this writ petition is filed, seeking police protection, it is submitted by the 4th respondent. 2. The learned Government Pleader submitted that the petitioner has not filed any complaint before the police. A complaint was WPC 23205/08 2 forwarded by the learned Judicial First Class Magistrate under Section 156(3) Cr.P.C. Upon enquiry, it was found that the allegations therein were unfounded. The learned counsel for the 4th respondent submitted that the said respondent has no intention, whatsoever, to physically harm the petitioner. He proposes to proceed against the petitioner in accordance with law, to recover the amount due to him. This submission is recorded and the Writ Petition is closed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/