IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33804 of 2011(A) -------------------------- PETITIONER(S): --------------- JEGE VARGHESE, PUTHENPURAKKAL VEEDU, AYIRANALLOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN-696034. 2. THE DISTRICT POLICE CHIEF (RURAL), KOTTARAKKARA, KOLLAM DISTRICT-691506. 3. THE SUB INSPECTOR OF POLICE, EROOR POLICE STATION, KOLLAM DISTRICT, PIN-691306. 4. P.G.SURESH KUMAR, AREA SALES MANAGER, PAVAN NALLANNA, ARUMATHALA, ALUWA, ERNAKULAM, PIN-683101. 5. P.M.SUBAIR, MANAGING PARTNER, ASSISTANT MANAGER, PAVAN NALLANNA, ARUMATHALA, ALUVA, ERNAKULAM, PIN-683101. BY GOVT. PLEADER SRI.SHYSON P.MANGUZHA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33804 of 2011(A) APPENDIX PETITIONER(S) EXHIBITS EXT.P1: TRUE COPY OF THE LAWYER NOTICE DT.22-10-2011 TO THE PETITIONER. EXT.P2: TRUE COPY OF THE COMPLAINT DT.12-12-11 SUBMITTED BY THE PETITIONER BEFORE THE R3. EXT.P3: TRUE COPY OF THE CMP 10497/2011 FILED BY THE PETITIONER BEFORE THE JFCM, PUNALUR. EXT.P4: TRUE COPY OF THE REPRESENTATION DT.15-12-11 SUBMITTED BY THE PETITIONER BEFORE THE R2. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE ab PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.33804 of 2011 -------------------------------------------------- Dated this the 16th day of December, 2011 J U D G M E N T Pius C. Kuriakose, J When this writ petition came up for admission, State Attorney took notice on behalf of respondents 1 to 3. The case of the petitioner is that on account of certain business transaction which he was having with respondents 4 and 5, the relationship between him and them has become strained. Respondents 4 and 5 are threatening him every now and then with danger to his lives and limbs. He filed Ext.P2 petition before the 3rd respondent Sub Inspector of Police. When it was noticed that no effective action has been taken, he filed Ext.P3 private complaint before the Judicial First Class Magistrate Court, Punaloor. Eventhough the learned Magistrate forwarded the complaint under Section 156(3) of the Code of Criminal Procedure to the 3rd respondent, the petitioner alleges that nothing serious has been done on the above private complaint. He submits that he is living under constant fear on account of the threat and contumacious acts of respondents 4 and 5. W.P(C) No.33804 of 2011 2 2. Having considered the submissions addressed before us, Sri.Johnson Gomez, the learned counsel for the petitioner and those addressed by Sri.Shyson P.Manguzha, the learned Government Pleader on behalf of State Attorney and having gone through the averments in the writ petition, and various materials placed on record, we are not inclined to take a decision of the truth or otherwise of the petitioner's allegations. According to us, at this stage itself the writ petition can be disposed of by giving the limited reliefs to the petitioner. Hence we dispose of this writ petition with the following directions: i) The 3rd respondent is directed to take up Ext.P2 immediately. He is also directed to take up the complaint which is forwarded to him by the learned Magistrate under Section 156 (3) of the Code of Criminal Procedure. He will register a crime and conduct an investigation in the above crime in accordance with law. He will conduct an enquiry into the allegation of the petitioner that there is continuous threat to his life and limbs from the part of respondents 4 and 5. As part of the enquiry he can summon respondents 4 and 5. ii) If the enquiry reveals that there is truth in the petitioner's allegations that there is subsisting threat to the W.P(C) No.33804 of 2011 3 petitioner's life and limbs from respondents 4 and 5 he shall take such action for protecting the life and limbs of the petitioner from all danger. The petitioner is directed to send a copy of this judgment as soon as he receives the same by registered post with acknowledgment due to the 4th respondent. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab