IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2582 of 2009(G) ------------------------- PETITIONER(S): -------------------------- SAJI.R, W/O.PUSHAPAKARAN, MOOLAMKUZHIYIL VEEDU, NADUVILAMURI, CHENAKKARA, CHUNAKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.V.ANIL RESPONDENT(S): --------------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT, ALAPPUZHA. 2. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION. 3. SUB INSPECTOR OF POLICE, NOORANADU POLICE STATION, ALAPPUZHA DISTRICT. 4. VIVEKANANDA PILLAI,VAIKKATHETHU VADAKKADATHU NADUVILAMURI CHUNAKKARA, CHUNAKKARA, ALAPPUZHA DISTRICT. 5. ABHILASH, (AJI),S/O.VIVEKANANDA PILLAI, VAIKKATHETHU VADAKKADATHU, NADUVILAMURI CHUNAKKARA ALAPPUZHA DISTRICT. WP(C).No. 2582 of 2009 :: 2 :: 6. SHIJU,S/O.LATE I.V.SASI, KUTTISERATHU EDAPURAYIL, CHUNAKKARA NADUVILAMURI, CHUNAKKARA. 7. SANTHAMMA, W/O.VIVEKANDA PILLAI, VAIKKATHETHU VADAKKADATHU, NADUVILAMURI CHUNAKKARA CHUNAKKARA, ALAPPUZHA DISTRICT. R1 to R3 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.P.(C).No.2582 of 2009 ------------------------- Dated this the 23th day of January, 2009. JUDGMENT Koshy, Ag.C.J. The complaint of the petitioner is that the 4th respondent and his friends (respondents 5 to 7) are threatening the petitioner. 2. From the very nature of the complaint, it is seen that there are civil disputes between the petitioner and the 4th respondent and in a petition filed under Article 226 of the Constitution of India, no opinion on the merits can be expressed against the civil disputes, if any, between the parties. It is submitted that the 4th respondent and his friends are threatening the petitioner to commit rape on her. In spite of filing a private complaint, no action is taken. The petitioner has to approach the local magistrate for appropriate relief. We cannot express any opinion on a private complaint pending before a magistrate in a writ petition, as it will adversely affect the parties. W.P.(C).No.2582 of 2009 :: 2 :: 3. However, we direct the police to see that law and order is maintained and lives of both sides are not endangered. Writ petition is disposed of as above. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge