IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST FEBRUARY 2007 / 2ND PHALGUNA 1928 WP(C).No. 3882 of 2004(K) ------------------------- PETITIONER: ------------ MATHEWS ABRAHAM S/O. T.M.ABRAHAM, THACHILEATH HOUSE, KURIANNOOR, PATHANAMTHITTA DISTRICT, NOW RESIDING AT P.O. BOX.36, MINISTRY OF CIVIL SERVICE AFFAIRS AND HOUSING, DOHA, QATAR. BY ADV. SRI.P.M.SAJITHA SMT.M.K.PUSHPALATHA RESPONDENTS: ------------- 1. DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, ERNAKULAM. 3. CITY POLICE COMMISSIONER, KOCHI. BY G.P. SMT.SMITHA THIS WRIT PETITION (CIVIL) HAVING FINALLY COME UP FOR ADMISSION ON 21/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.3882 of 2004 .................................................................... Dated this the 21st day of February, 2007. JUDGMENT Petitioner's grievance is that inspite of specific complaint of cheating filed by the petitioner, Police is not taking any action. Government Pleader on the other hand submitted that Police has conducted a preliminary enquiry and has even questioned the second accused. However, on account of non- co-operation of the petitioner and non-availability of the first accused, investigation could not be proceeded against. In the circumstances, W.P. is disposed of directing respondents 2 or 3 whoever is in charge of the area, to instruct the subordinate Police Officer in charge of the concerned Station to complete the enquiry on petitioner producing a copy of this judgment and on petitioner co-operating with the enquiry. Non-availability of an accused should not be ground for throwing away the complaint. The petitioner should approach the Police with copy of this judgment within a reasonable time for further action. C.N.RAMACHANDRAN NAIR Judge pms