IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 33704 of 2008(K) -------------------------- PETITIONER: --------------- SHAJIR ARAFATH, PROPRIETOR, COMPUSAT, SITHARA COMPLEX, P.T.USHA ROAD, KOZHIKODE. BY ADV. SRI.T.R.RAVI RESPONDENTS: --------------- 1. THE COMMISSIONER OF POLICE, KOZHIKODE. 2. THE S.I. OF POLICE, NADAKAVU POLICE STATION, NADAKKAVU, KOZHIKODE DIST. 3. USHA.M., W/O.MURALIKUMAR, MURALI NIVAS, NEAR MUTHAPPAN KAVU, S.V.COLONY, ASOKAPURAM, KOZHIKODE-6. 4. MURALIKUMAR, MURALI NIVAS, NEAR MUHAPPAN KAVU, S.V.COLONY, ASOKAPURAM, KOZHIKODE-6 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.NIRMAL. S FOR R3 & 4 GOVT.PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.33704/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE NOTICE DT.13.11.2008. EXT.P2: COPY OF THE AUTHORISATION GIVEN BY THE PRESIDENT OF THE SAMITHI ON 1.3.2008. EXT.P3: COPY OF THE JUDGMENT IN W.P.(C) NO.14011/2008. EXT.P4: COPY OF THE COMMISSION REPORT IS IN O.S.NO.212/2008. EXT.P5: COPY OF THE PHOTOGRAPH. RESPONDENT'S EXTS: EXT.R4(a): COPY OF THE TELEGRAM DATED 23.3.2007 SENT BY THE 4TH RESPONDENT. EXT.R4(b): COPY OF LETTER DT.29.3.2007 SENT BY THE 3RD RESPONDENT. EXT.R4(c) COPY OF SAVINGS BANK ACCOUNT PASS BOOK OF THE 3RD RESPONDENT. EXT.R4(d): COPY OF NOTICE DT.08.08.2008 ISSUED BY THE JT.REGISTRAR. EXT.R4(e): COPY OF THE STATEMENT/AFFIDAVIT FILED BY THESE RESPONDENT ON 29.08.08 BEFORE THE ARBITRATOR. EXT.R4(f): COPY OF COMPLAINT BEFORE THE CONSUMER FORUM, KOZHIKODE BY THE 3RD RESPONDENT ON 4.11.2008. EXT.R4(g): COPY OF COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT ON 24.10.2008. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.33704 OF 2008 ---------------------------------------- Dated this the 1st day of December, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The 1st petitioner is running a business in sales and service of computers. He submits, he is also an agent of Kerala Vyapari Vyavasayi Ekopana Samithi. Persons, who have an axe to grind against the said Samithi, have set up respondents 3 and 4 to file false complaints against the petitioner before the Commissioner of Police. Based on that complaint, the 2nd respondent, Sub Inspector of Police is unnecessarily harassing him. In the above background, this writ petition was filed. 2. The respondents 3 and 4 submitted that they have nothing to do with the persons who want to twist the arms of the petitioner. They have complained in good faith to redress their grievances regarding non supply of computers, though the entire amount was received by the petitioner. W.P.(C) No.33704/2008 2 3. The learned Government Pleader, upon instructions, submitted that based on the complaint received from respondents 3 and 4, the 1st respondent authorised the 2nd respondent to enquire into the matter. As part of the enquiry, the petitioner was summoned. The police have acted only in good faith and in accordance with law, it is submitted. They have no intention to harass the petitioner, it is submitted. 4. If the complaint discloses any cognizable offence, the police should be conceded power to enquire into that. But, the police shall proceed with the enquiry or investigation only in accordance with law. If the petitioners presence is required and if he is not an accused in any crime, notice shall be issued to him under Section 160 Cr.P.C. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps