IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 33986 of 2011(W) -------------------------- PETITIONER(S): --------------- 1. MEERAN, AGED 50 YEARS, S/O. SYED, EARACKAL HOUSE, PIDAVOOR KARA, VARAPETTY VIILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 2. MARIYOMMA, AGED 48 YEARS, W/O. MEERAN, EARACKAL HOUSE, PIDAVOOR KARA, VARAPETTY VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, POTHANIKAD, KOTHAMANGALAM. 2. CIRCLE INSPECTOR OF POLICE, KALLOORKADU, P.O. KALLOORKADU, MUVATTUPUZHA. 3. DISTRICT SUPERINTENDENT OF POLICE, (ERNAKULAM RURAL) ALUVA. 4. KASSIM,S/O. PAREED, CHULLICKATTU HOUSE, PIDAVOOR KARA P.O., PALLARIMANGALAM, VARAPETTY VILLAGE, KOTHAMANGALAM TALUK. 5. SHAKKEER, S/O. PAREED, CHULLICKATTU HOUSE, PIDAVOOR KARA P.O., PALLARIMANGALAM, VARAPEPTTY VILLAGE, KOTHAMANGALAM TALUK. 6. MEERAN, S/O. ABDUL RAHIMAN, CHULLICKATTU HOUSE, PIDAVOOR KARA P.O., PALLARIMANGALAM VARAPEPTTY VILLAGE, KOTHAMANGALAM TALUK. 7. MAITHEEN,S/O. MUHAMMED, PARECKATTU HOUSE, NELLIKUZHY KARA, ERAMALLOORE VILLAGE, NELLIKUZHY P.O., KOTHAMANGALAM BY SR. G.P.SRI. M.K. ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF THE FORGED PROMISSORY NOTE PRODUCED BEFORE THE COURT. EXT.P2 COPY OF THE ATTACHMENT SCHEDULE PRODUCED BEFORE THE COURT. EXT.P3 COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE JFCM, MUVATTUPUZHA. EXT.P4 COPY OF THE FIR IN CRIME NO.1056/2011. EXT.P5 COPY OF THE REQUEST DATED 17.12.2011. EXT.P5(A) COPY OF THE RECEIPT ISSUED BY THE R1. /TRUE COPY/ P.S. TO JUDGE CL PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.33986 OF 2011 ................................................................... Dated this the 19th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. On this writ petition coming up for admission, Senior Government Pleader Sri.M.K. Aboobacker has taken notice on behalf of respondents 1 to 3. The allegation of the petitioners, who are husband and wife, is that the 7th respondent forged the signature of the 1st petitioner and on the basis of the document so fabricated, he filed a suit for recovery of money and obtained an order of conditional attachment. On realising that the signature of the first petitioner in the suit document is a forged one, the petitioners filed a private complaint - Ext.P3 before the local magistrate, who forwarded the complaint under Section 156(3) of Cr.P.C to the S.I of Police, Muvattupuha. The S.I. of Police registered Ext.P4 crime which is under investigation. Filing of the private complaint and the registration of Ext.P4 F.I.R was to the chagrin of the 7th respondent and respondents 4 to 6 who are his henchmen. They are threatening the petitioners and members of his family with danger to their lives and limbs. W.P.(C).NO.33986 OF 2011 : 2 : They are living in constant fear on account of the party respondents. Even though they submitted Ext.P5 before the first respondent, he has not so far taken any action. This is because of the influence wielded by the 7th respondent. 2. Sri. Siraj Karoly, the learned counsel for the petitioners addressed us on the basis of the various grounds. We have heard Sri.M.K. Aboobacker, the learned senior Government Pleader also. Having considered the averments in the writ petition based on various materials placed on record by the petitioners and the rival submissions addressed at the bar, we are of the view that it is not necessary that we take a decision as to the correctness of the allegations of the petitioners. Ext.P5 has been submitted by the petitioners before the first respondent. The first respondent is directed to take up Ext.P5 immediately and to conduct an enquiry. As part of the enquiry, it is open to the first respondent to summon or meet all the party respondents. If the enquiry reveals that what the petitioners have alleged is correct, i.e. if there subsists danger or threat to the lives and limbs of the petitioners and W.P.(C).NO.33986 OF 2011 : 3 : also to the members of his family on account of the party respondents, the first respondent shall take action as is necessary for protecting the lives and limbs of the petitioners and his family members. The petitioners are directed to send a copy of this judgment as soon as they receive the same by registered post acknowledgment due to respondents 4 to 7. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl