IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 12719 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------ BASIL M. ELDHOSE, AGED 24 YEARS, S/O.M.P. ELDHOSE, RESIDING AT MULAKATH HOUSE, ASAMANNOOR.P.O, ODAKKALI, KOTHAMANGALAM - 686 691, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------------------- 1. CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM - 686 691, ERNAKULAM DISTRICT. 2. SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM - 686 691, ERNAKULAM DISTRICT. 3. T.S.JISHA, AGED 28 YEARS, D/O. STEPHEN, RESIDING AT THEKKEMATTATHIL HOUSE, VMRA - 28, VADUTHALA.P.O, ERNAKULAM, COCHIN - 682 023. R1 & R2 BY GOVERNMENT PLEADER SRI.I.V.PRAMOD R3 BY ADV. SRI.P.R.MILTON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.12719/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPRESENTATION DATED 27/04/2011 SUBMITTED BY PETITIONER BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA RESPONDENT'S EXHIBITS: R3(1) COPY OF THE COUNTER FOIL ISSUED BY THE BANK DATED 3/5/2010. R3(2) COPY OF THE RECEIPT DATED 14TH SEP.2010 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. R3(C) COPY OF THE RECEIPT DATED 26/03/2011 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. /TRUE COPY/ P.S.TO.JUDGE sts R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 12719 of 2011-L ------------------------------------------------- Dated this the 8th day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court complaining of harassment by the police. According to the petitioner, he is conducting a college admission guidance centre. The 3rd respondent had availed the services of the petitioner to secure admission to the Ikon Nursing College, Bangalore. Amounts were received from the 3rd respondent and the amounts were properly utilized by the petitioner to discharge the dues to the Ikon Nursing College, Bangalore. According to the petitioner, the 3rd respondent has left the college for her own reasons. She is making false complaints against the petitioner before the police that the petitioner is guilty of criminal offences. No crime has been registered; but the petitioner is being threatened unnecessarily. Respondents 1 and 2 are compelling the petitioner to collect the documents produced by the 3rd respondent before the Ikon Nursing College, Bangalore. The W.P.(C) No. 12719 of 2011 -: 2 :- petitioner cannot collect those documents. Only the 3rd respondent can get back the documents from the College. In these circumstances, the petitioner submits that unnecessary harassment by respondents 1 and 2 with demands to the petitioner to collect the documents produced by the 3rd respondent before the Ikon Nursing College, Bangalore, may be ordered to be stopped. 2. The 3rd respondent has entered appearance through counsel. The learned counsel argues that the petitioner is guilty of several such offences against other seekers of admission to the Colleges. An amount of Rs.75,000/- has allegedly been received by the petitioner from the 3rd respondent. It is the case of the 3rd respondent that the amount has been misappropriated. Only an amount of Rs.35,000/- has been paid to the College, complains the 3rd respondent. 3. The learned Government Pleader submits that no crime has been registered so far. However, the learned Government Pleader submits that respondents 1 and 2 shall not compel the petitioner to collect the documents of the 3rd respondent from the Ikon Nursing College, Bangalore. If a crime is to be W.P.(C) No. 12719 of 2011 -: 3 :- registered, the same will have to be registered and appropriate steps, in accordance with law, to investigate that crime shall be taken by respondents 1 and 2. At the moment, no crime has been registered. There is no merit in the apprehension of the petitioner that respondents 1 and 2 shall compel the petitioner to collect any document produced by the 3rd respondent before the Ikon Nursing College, Bangalore. No such insistence shall be made, undertakes the learned Government Pleader. 4. The learned counsel for the petitioner wants it to be recorded by the court that if the 3rd respondent is really interested in any document of hers left with the Ikon Nursing College, Bangalore, she, instead of wasting time by initiating proceedings against the petitioner, must go to the College and seek return of such documents. 5. We have considered all the relevant inputs. We accept the submission of the learned Government Pleader, on behalf of respondents 1 and 2, that the petitioner shall not be compelled to produce any documents which are available with the Ikon Nursing College, Bangalore now. We are satisfied, in these circumstances, that no further specific directions are necessary W.P.(C) No. 12719 of 2011 -: 4 :- and proceedings in this writ petition can now be discontinued. 6. Accepting the submissions of the learned Government Pleader, this writ petition is dismissed. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge W.P.(C) No. 12719 of 2011 -: 5 :-