IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 20829 of 2011(C) -------------------------------- PETITIONER(S): ------------------ 1. KUTTAN NAIR, S/O.PARAMESWARAN NAIR, MANIMANGALAM, KOZHUVALLOOR P.O., MULAKUZHA VILLAGE, CHENGANNUR TALUK. 2. SUDHEESH MOHAN, S/O.MOHANA KUMAR, AGED 22 YEARS, PUSHPALAYAM, KOZHUVALLOOR.P.O., MULAKUZHA VILLAGE, CHENGANNUR TALUK. 3. SADEESH MOHAN, S/O.MOHANAN KUMAR, AGED 26 YEARS, PUSHPALAYAM, KOZHUVALLOOR.P.O., MULAKUZHA VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.IYPE JOSEPH RESPONDENT(S): ------------------- 1. CIRCLE INSPECTOR OF POLICE, POLICE CIRCLE INSPECTOR OFFICE, CHENGHANNUR, ALAPPUZHA DISTRICT. 2. SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, CHENGANNUR, ALAPPUZHA DISTRICT. 3. GOPALAKRISHNA PILLAI, KRISHNA BHAVAN, KOZHUVALLOR P.O., CHENGANNUR. 4. MOHANA PILLAI, MOHANA VILASAM, KOZHUVALLOOR P.O.,CHENGANNUR. WP(C).No. 20829 of 2011(C) 5. CHANDRIKA DEVI, W/O.GOPALAKRISHNA PILLAI, KRISHNA BHAVAN, KOZHUVALLOOR.P.O., CHENGANNUR. 6. RAJI, W/O.JAYACHANDRAN, KRISHNA BHAVAN, KOZHUVALLOOR.P.O., CHENGANNUR. GOVT. PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20829 of 2011(C) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE PLAINT IN O.S.155/11 ON THE FILE OF THE MUNSIFF'S COURT, CHENGANNUR FILED BY 1ST PETITIONER. EXT.P2:- TRUE COPY OF THE PLAINT IN O.S. NO.167/11 ON THE FILE OF THE MUNSIFF'S COURT, CHENGANNUR FILED BY 3RD RESPONDENT. EXT.P3:- TRUE COPY OF THE DISCHARGE SUMMARY OF 2ND PETITIONER ISSUED FROM CENTURY HOSPITAL, CHENGANNUR. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.20829 of 2011 ------------------------------------------------ Dated this the 5th day of August, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition under Article 226, the petitioners complain that respondents 1 and 2 officers of police are harassing them at the instance of respondents 3 to 6. According to the petitioners respondent No.2 the Sub Inspector is compelling them to settle a civil dispute which they have with the party respondents and presently before a competent civil court. On considering this Writ Petition for admission, we directed the learned Government Pleader to seek instructions from respondents 1 and 2 regarding the correctness of the accusations contained in the Writ Petition against the police. Today Sri.M.R.Sabu, the learned Government Pleader on the basis of instructions from the W. P. C. No.20829 of 2011 -2- respondents 1 and 2 submitted before us that a complaint was filed by the third respondent against the petitioner alleging offence under Sections 341, 447, 451, 294(b), 323, 354, 506(2) IPC. The above complaint was forwarded under Section 156(3) Cr.P.C to the second respondent and what the second respondent has done is only to register a crime as Crime No.660/11. It is in connection with the investigation of that crime which is under investigation that the petitioners were summoned. There is no harassment. 2. Sri.Iype Joseph, the learned counsel for the petitioner would however, reiterate the allegations in the Writ Petition and submit that the second respondent is insisting that a civil suit filed by the Writ Petitioner against the party respondents be withdrawn. 3. Having considered the rival submissions addressed at the Bar, we do not find any ground to issue the directions sought for. We permit the second respondent to expedite W. P. C. No.20829 of 2011 -3- the investigation of Crime No.660/11 and to file final report without delay. The petitioners shall co-operate with the Investigating Officer in the matter of investigation. The second respondent, however, is informed that it is outside his domain to settle the civil disputes especially when they are pending before the competent civil courts. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-