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 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 22122 of 2008(H) -------------------------- PETITIONER(S): --------------- 1. P.S.BABU, AGED 38 YEARS, VIII/15, PUTHUSSERY, KALADY-683594. 2. T.K.DEEPA, W/O.P.S.BABU, VIII/15, PUTHUSSERY, KALADY-683594. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, ALUVA (RURAL), ALUVA. 3. DEPUTY SUPERINTENDENT OF POLICE, CHENGAMANAD POLICE STATION. 4. THE CIRCLE INSPECTOR OF POLICE, CHENGAMANAD POLICE STATION. 5. THE SUB INSPECTOR OF POLICE, KALADY POLICE STATION, KALADY. 6. CHANDRA BALAN, KAIMAPARAMBIL, PO PAZHUVI WEST, TRICHUR. 7. P.A.AYOOB KHAN, S/O.FAKEER MUHAMMED RAWTHER, AGED 39 YEARS, PALAKKAL HOUSE, KARIYAMPADY PO, KALPETTA, WAYANAD. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.22122/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF CRL.M.C.NO.1218/08 FILED BY THE PETITIONERS BEFORE THE DISTRICT AND SESSIONS COURT, ERNAKULAM. EXT.P2: TRUE COPY OF REPRESENTATION DATED 18.7.08 SUBMITTED BY THE PETITIONER BEFORE THE POLICE AUTHORITIES. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.22122 OF 2008 ----------------------------------------------------- DATED THIS THE 25th DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are husband and wife. Alleging that they are being harassed by respondents 4 and 5 at the instance of respondents 6 and 7, this Writ Petition is filed. There was some financial transactions between the first petitioner and the 6th respondent. The said respondent has filed a suit against the petitioner to recover that amount. While so, apparently on the petition filed by the said respondent, respondents 4 and 5 are calling the first petitioner to the Police Station and threatening him. In the above background, they filed Exhibit P2 representation before the Superintendent of Police, Aluva and thereafter this Writ Petition is filed, seeking to restrain respondents 3 to 5 from harassing the petitioners. 2. The learned Government Pleader upon instructions submitted that a complaint has been received from the 6th respondent against the first petitioner that he has cheated him. The police, as part of inquiry into the petition, summoned the first petitioner. But, he did not appear before the police. It is further submitted that, if his W.P.(C)No.22122/08 -2- presence is required, notice will be issued to him under Section 160 of the Cr.P.C. It is also submitted that the police have no intention to harass the petitioners. Recording these submissions, the Writ Petition is disposed of. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn