IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 31280 of 2009(D) -------------------------- PETITIONER(S): --------------- STANLEY SEBASTIAN, S/O.SEBASTIAN, KUNNUMPURATH HOUSE, KALLIMEL P.O., (VIA) MAVELIKKARA, ALAPPUZHA DISTRICT PIN: 690 570. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, MAVELIKKARA, ALAPPUZHA DISTRICT. 2. SMT.MERCY EAPEN, W/O.EAPEN CHACKO, PADIKKATHARA LANE, KODUKULANJI P.O., (VIA) CHENGANNUR, ALAPPUZHA DISTRICT. ADV. SRI.S.HARIKRISHNAN FOR R2 GOVT. PLEADER SRI. T.K.VIPINDAS -R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 31280/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the notice issued under Section 13(2) of the SARFAESI Act by the SCB relating to the properties of the 2nd respondent. RESPONDENTS' EXHIBITS: NIL. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 31280 OF 2009 --------------------------------------------- Dated this the 6th day of November, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayers: i. Issue a writ of mandamus or any other appropriate writ restraining the 1st respondent from harassing the petitioner without following the procedures contemplated under the Criminal Procedure Code in connection with complaint if any filed by the 2nd respondent against the petitioner. ii. Issue a writ of mandamus or any other appropriate writ restraining the 1st respondent from interfering with the peaceful functioning of the fabricating unit run by the petitioner on the strength of any complaint filed by the 2nd respondent. The learned Government Pleader, on instruction, submits that there is no harassment by the police and that the police has only discharged their statutory duty of investigating on a complaint filed by the second respondent against the petitioner. It is submitted that the police has registered Crime No.480 of 2009 of Nooranad Police Station against the petitioner. It is also brought to our notice that another crime, Crime W.P.(C)NO.31280/2009 2 No.472 of 2009 has been registered by the Mavelikkara Police. The latter is registered under Sections 354 and 294(b) I.P.C. and the former is under Section 353 I.P.C. 2. In case the petitioner has any grievance regarding the procedure followed by the police in the investigation, it is for him to approach the Magistrate of competent jurisdiction. Without prejudice to such liberty, the Writ Petition is dismissed. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.31280/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.31280/2009 JUDGMENT 6th November, 2009 W.P.(C)NO.31280/2009 4