IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 19993 of 2010(Q) ------------------------ PETITIONER(S): ----------- SHAHUL HAMEED.M.P., S/O.NOORUDHIN, MUTHIRAPARAMBATH HOUSE, P.O.VYDYARANGADI, MALAPPURAM. BY ADV. SMT.T.B.MINI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF POLICE, DGP'S OFFICE, THIRUVANANTHAPURAM-695 001. 2. THE COMMISSIONER OF POLICE, KOZHIKODE CITY. 673 001 3. THE CIRCLE INSPECTOR OF POLICE, CUSBA POLICE STATION, KOZHIKODE-673 001. 4. S.I. OF POLICE, CUSBA POLICE STATION, KOZHIKODE-673 001. 5. MOHAMMED KOYA, S/O.ASSAINAR, CHIRAYIL, PALLIPARAMBU ROAD, KOLATHARA, KOZHIKODE-673 655. -:2:- 6. S.K.KRISHNAKUMAR, ADVOCATE, LEGALISE, K.H.S.BUILDING, IST FLOOR, OPP.TAGORE CENTINARY HALL, R.C.ROAD, KOZHIKODE-673 001. 7. P.SUJANAPAL, S/O.SEKHARAN, IST FLOOR, PARCO COMPLEX, ANNEX KALLAI ROAD, CALICUT-673 001. 8. THE DIRECTOR, ENFORCEMENT DIRECTORATE OF ENFORCEMENT, KOZHIKODE-673 001. 9. S.I.OF POLICE, FAROOQ POLICE STATION, KOZHIKODE-673 631. GOVT.PLEADER SRI. C.S. HRITHWICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J ........................................... W.P. (C) No. 19993 of 2010 .............................................. Dated: 29th day of July, 2010 ORDER The petitioner who has an engine oil shop at Ramanattukara, Kozhikode, seeks a direction to the first respondent State of Kerala represented by the Director General of Police and 8th respondent Director, Enforcement Directorate (Koizhikode) to investigate the dealings in the shop of 7 the th respondent P. Sujanapal and his financial sources and take necessary action against the 7th respondent and also a direction to respondents 1, 8 and 9 , State of Kerala, Director, Enforcement Directorate and the Sub Inspector of Police, Feroke to consider Exts.P11 to P13 complaints filed by the petitioner. 2. The case of the petitioner is that due to financial crisis he approached the 7th respondent importing Engine Oil for Rs. 10 lakhs and on demand by the 7th respondent he gave a blank cheque , blank stamp paper , original sale deed etc. to the 7th respondent who did not import Engine Oil but instead misusing the above blank papers and blank cheque he and his benamis filed cases against the petitioner. On enquiry by the petitioner he has come to W.P. (C) No. 19993 of 2010 -:2:- understand that respondents 5 to 7 are having links with a money lending mafia which has cheated several people and the 7th respondent is a complainant in not less than 25 cases before the Kozhikode Courts. 3. If the petitioner is directly involved in any particular criminal case investigated by any police officer in any specific crime, and if the investigation is not proceeding on proper lines, then in the light of Sakiri Vasu v. State of U.P and others. (2008 (1) KLT 724 SC) Thomas v. Achamma Thomas – 2009 (2) KHC 693 the remedy of the petitioner is not a Writ Petition but to move the Magistrate concerned for appropriate directions. Reserving this right of the petitioner, this Writ Petition is dismissed. Dated this the 29th day of July, 2010, V. RAMKUMAR, JUDGE