IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 37373 of 2007(Y) ------------------------------------------ PETITIONER: -------------------- MUSTHAFA, AGED 37 YEARS, S/O.MUHAMMED, THEKOOT VALAVIL HOUSE, PALLIKARA, THANNAMMUTHU P.O., MALAPPURAM. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: -------------------------- 1. SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR. 2. SAJEEVAN, S/O.MUKUNDAN, PADMAVILASATHIL HOUSE, PATTOM, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX WP(C).No. 37373 of 2007(Y) PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE LEARNED J.F.C.M, KUNNAMKULAM. EXT.P2: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE LEARNED J.F.C.M, KUNNAMKULAM UNDER SECTION 93 CR.P.C. /True Copy/ P.A To Judge V.RAMKUMAR, J = = = = = = = = = = = = = W.P.(C). No. 37373 Of 2007 = = = = = = = = = = = = = = Dated this the 18th day of January, 2008 JUDGMENT In this writ petition filed under Article 226 of the Constitution of India, the petitioner, who is the complainant in Ext.P1 complaint, seeks a direction to the 1st respondent (the Sub Inspector of Police, Kunnamkulam Police Station) to conduct a proper investigation into Crime No.1149/2007 and also to seize the Lancer car of the petitioner bearing registration No.KL 01 X- 7000. 2. The case of the prosecution can be summarised follows:- The petitioner purchased the aforesaid Lancer car from a company called Somatheeram Beach Resort. The 2nd respondent- Sajeevan, who is acquainted with the petitioner approached the petitioner expressing his desire to purchase the above mentioned car. The 2nd respondent is a resident of Thiruvananthapuram. He asked the petitioner to bring the said car to Kunnamkulam for him to inspect the same and negotiate the price. Accordingly, the petitioner brought the vehicle to Kunnamkulam on 5.1.07. Thereafter, the 2nd respondent took W.P.C.No. 37373 of 2007 2 the vehicle for a test drive. But he did not come back with the vehicle thereafter. Even though, when contacted over his mobile phone, the 2nd respondent promised to return the vehicle, he did not do so. The 2nd respondent has cheated the petitioner and has misappropriated his Lancer car. Ext.P1 complaint was filed by the petitioner before the J.F.C.M, Kunnamkulam was forwarded to the Kunnamkulam Police under Section 156(3) Cr.P.C. On receipt of the complaint, the Kunnamkulam Police registered Crime No.1149/2007 for offences punishable under Sections 380 and 420 IPC. But thereafter no investigation has been conducted. 3. The learned Public Prosecutor in charge of the case, on instructions, submitted that the alleged occurrence as narrated in Ext.P1 complaint was false. The petitioner had actually entrusted the vehicle with the 2nd respondent for carrying out certain repairs to the vehicle and since the petitioner was unwilling to pay the repair charges, he has filed Ext.P1 false complaint. W.P.C.No. 37373 of 2007 3 4. The 1st respondent-the Sub Inspector of Police shall submit the final report before the J.F.C.M, Kunnamkulam within one month from today. In case, the petitioner is aggrieved by the final report to be filed, he can work out the remedies available to him in law. This Writ Petition is disposed of accordingly. (V.RAMKUMAR, JUDGE) sj