IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1468 of 2008(Y) ------------------------- PETITIONER: ------------------ M.P.KUNHAHAMMED KUTTY, AGED 45 YEARS, SIYO GROUP, MARUTHI ROAD, MELAKKAM, MANJERI, KARUVAMBRAM P.O., MALAPPURAM DISTRICT. BY ADV. SRI.JIJO PAUL ADV. SMT.M.T.SHEEBA RESPONDENTS: --------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM. BY GOVERNMENT PLEADER SHRI SALIM P.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & K.T. SANKARAN, JJ. ................................................................................... W.P.(C) No. 1468 OF 2008 ................................................................................... Dated this the 15th January , 2008 J U D G M E N T Balakrishnan Nair, J: The petitioner has approached this court alleging that the first respondent is harassing him at the instance of one Mr. Ibrahim. He was summoned to appear before the first respondent by issuing Ext. P1 notice. Apprehending that a crime is registered against him, he moved the Sessions Court, Manjeri for anticipatory bail under section 438 of the Code of Criminal Procedure. The said petition was dismissed , recording the submission of the learned Public Prosecutor that no crime has been registered against him . Thereafter, he filed Ext. P3 complaint before the second respondent pointing out the harassment caused to him. This Writ Petition is filed thereafter seeking appropriate reliefs. 2. The learned Government Pleader,on instruction, would submit that one Ibrahim was running a cinema theatre on partner ship basis with one Mr. Rajagopal and later the said Mr. Rajagopal assigned his right to run the cinema theatre to the petitioner. Complaining that the petitioner did not share the profit from the theatre with him after obtaining the right to run the theatre, Mr. Ibrahim filed a complaint before the first respondent, it is submitted. Learned Government Pleader further submits that the petitioner was summoned by the first respondent by Ext.P1 notice only to enquire into the complaint made by W.P.(C) No. 1468 OF 2008 2 Mr.Ibrahim. The allegation that the first respondent is trying to harass the petitioner is denied by the learned Government Pleader. 3. Apparently there is a civil dispute between the petitioner and the aforementioned Ibrahim. Normally, the first respondent, Deputy Superintendent of Police has no business to interfere with such a dispute. We record the submission of the learned Government Pleader that the first respondent has no intention to harass the petitioner and that he will not harass the petitioner. The Writ Petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE. K.T. SANKARAN, JUDGE. lk