IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25011 of 2008(C) -------------------------- PETITIONERS: ------------ 1. NASEEMA BEEVI, D/O.RUKHIYA BEEVI, AGED 47 YEARS, RESIDING AT RAHATHU MANZIL, KOLLOOR, EDAKKODE VILLAGE, THIRUVANANTHAPURAM. 2. ABDUL SALAM, RESIDING AT RAHATHU MANZIL, KOLLOOR, EDAKKODE VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, ATTINGAL, THIRUVANANTHAPURAM. 3. RASEENA, W/O.SIRAJUDEEN, SERIN MANZIL, VALAKKADU, IDIAKODE VILLAGE, HAMPA.P.O, THIRUVANANTHAPURAM. 4. SHAJAHAN @ VAKKOM SHAJAHAN, S/O.SALAHUDEEN, PALLIVILA PUTHEN VEEDU, IDIAKODE. CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 5. MR.P.ASHOK KUMAR, DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 25011/08 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE PHOTO COPY OF SALE DEED NO.2314/1996 OF ATTINGAL SUB REGISTRAR'S OFFICE. EXT.P2 - TRUE PHOTO COPY OF THE AGREEMENT FOR SALE DATED 19.03.2008. EXT.P3 - TRUE PHOTO COPY OF LAWYER'S NOTICE DATED 28.05.2008. EXT.P4 - TRUE PHOTO COPY OF THE APPLICATION FOR ANTICIPATORY BAIL DATED 26.05.2008. EXT.P5 - TRUE PHOTO COPY OF THE ORDER DATED 06.06.2008 IN B.A.3643/2008. EXT.P6 - TRUE PHOTO COPY OF THE REPLY NOTICE DATED 25.06.2008. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 25011 OF 2008-C ----------------------------------------- Dated 26th August, 2008. JUDGMENT Balakrishnan Nair, J. The 1st petitioner is the wife of the 2nd petitioner. She had executed an agreement for sale of a property with the husband of the 3rd respondent. Since the property proposed to be sold belonged to the 2nd petitioner also, the 1st petitioner could not execute the sale agreement. While so, the 3rd respondent moved the police. The petitioners moved for anticipatory bail before this Court. The said Bail Application was closed by Ext.P5 order, recording the submission of the police that the matter is a civil dispute, which has to be resolved by the civil court. Later, the 3rd respondent moved the Magistrate's court and filed a private complaint against the petitioners. The court forwarded the said complaint to the police under Section 156(3) of the Cr.P.C. Thereupon, the police have registered a crime against the petitioners under Section WPC 25011/08 2 420 of the I.P.C. In the meantime, it is alleged, the 5th respondent, who is the Deputy Superintendent of Police, Attingal, is summoning the petitioners to the Police Station and compelling them to execute the sale deed of the property concerned in favour of the 3rd respondent. Feeling aggrieved by the said high-handed action of the 5th respondent, this Writ Petition is filed. 2. The learned Government Pleader, upon instructions, submitted that the police have not threatened or compelled the petitioners to execute any document. Those allegations are denied. The 2nd respondent has registered a crime against the petitioners under Section 420 of the I.P.C., and the matter is being investigated, it is submitted. 3. The respondents 3 and 4 submitted that the petitioners have cheated them by receiving substantial amounts, agreeing to sell the property owned by them. So, the 3rd respondent moved the criminal court and based on the direction of the criminal court, the police have registered a crime against the petitioners. 4. We record the submission of the learned Government Pleader that the police have no intention, whatsoever, to compel the petitioners WPC 25011/08 3 to execute any sale deed or other documents in favour of the 3rd respondent or others. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/