IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 9586 of 2009(P) ------------------------- PETITIONER(S): --------------- ABDUL LATHEEF, S/O.BEERAN HAJI, ERATTUPARAMBIL HOUSE, KARUMATHRA, THRISSUR DIST. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR. 2. THE DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA. 3. PYARIJAN, D/O.MUHAMMAD, VADAKKATHALAKAL HOUSE, P.O.KOOLIMUTTAM. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.9586 of 2009 ------------------------------- Dated this the 31st March, 2009 J U D G M E N T Raman, J. The allegation made in the writ petition is that at the influence of the third respondent, the police is harassing the petitioner. According to the petitioner, the parties have approached the Family Court and filed O.P.No.794 of 2008 for return of money and gold ornaments. It is also submitted that another original petition under the Guardian and Wards Act, O.P.No.1195 of 2008, is also pending. Now, a complaint under Section 498A of Indian Penal Code is registered and the same is being contested. It is submitted that now the police, without any justification, is compelling the petitioner to return the gold ornaments and other house hold articles, which the petitioner has not taken. 2. The learned Government Pleader, on instructions, submits that a complaint received by the Kerala W.P.(C) No.9586/2009 2 State Social Welfare Board was forwarded to the Director General of Police which was in turn sent to the Deputy Superintendent of Police, Irinjalakuda, and it is in connection with the said case that the petitioner was called to the police station and there is no harassment meted out to the petitioner. 3. In the absence of any order passed by any competent court of law, the matrimonial disputes between the parties which are pending adjudication, need not be interfered with by the police. If the presence of the petitioner is required in connection with any enquiry or investigation against criminal case, a notice under Section 160 of Code of Criminal Procedure shall be issued to the petitioner. The writ petition is closed with the above observations. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.