IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 18819 of 2009(V) ---------------------------------------- PETITIONER(S): -------------------------- 1. VARGHESE KURIAN, S/O.K.P.VARGHESE, PUTHENPURAKKAL (H),KUMARAMPEROOR VADAKKEKKARA MURIYIL,CHITTAR-SEETHATHODE VILLAGE,SEETHATHODE.PO PIN-689667,RANNI TALUK,PTA.DIST. REP.BY P/A HOLDER SHAJI K.MATHEW,S/O.K.C.MATHEW,KALLADAYIL(H), CHITTAR DESOM,SEETHATHODE VILLAGE,SEETHATHODE P.O. 2. SHAJI K.MATHEW, S/O.K.C.MATHEW, KALLADAYIL HOUSE, CHITTAR DESOM, SEETHATHODE VILLAGE, SEETHATHODE P.O., PIN-689667, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADVS.MR.M.MOHAMED NAVAZ MR.T.P.SAJAN RESPONDENT(S): -------------------------- 1. THE ASSISTANT COMMISSIONER OF POLICE, OFFICE OF THE ASSISTANT COMMISSIONER, THRIKKAKKARA. 2. CIRCLE INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY. 3. SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY. 4. M.BAVA MOOPPAN, EXECUTIVE DIRECTOR, M/S.HARMONY INTERNATIONAL PROJECTS (P) LTD., 36, MANAPPAT CENTRE, HMT JUNCTION, KALAMASSERY. R1 TO R3 BY GOVT. PLEADER MR.T.K.VIPIN DAS R4 BY ADV. MR.JOMY GEORGE, MR.SEBASTIAN THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18819/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE AGREEMENT DT. 29.1.2007. P2:- COPY OF THE LETTER SENT BY THE PETITIONERS TO 4TH RESPONDENT. P3:- COPY OF THE JUDGMENT IN OS. NO.1068/07. P4:- COPY OF THE ENDORSEMENT ON THE REVERSE OF EXT.P1 AGREEMENT. P5:- COPY OF THE PLAINT FILED BY THE PETITIONERS . P6:- COPY OF THE ORDER IN CRL.MC. 356/09. P7:- COPY OF THE SALE DEED NO.4624/07 OF MARADU SRO. P8:- COPY OF THE SALE DEED NO.4625/07 OF MARADU SRO P9:- COPY OF THE SALE DEED NO.4817/07 OF MARADU SRO. P10:- COPY OF THE SALE DEED NO.1390/06 OF MARADU SRO. P11:- COPY OF THE SALE DEED NO.2748/08 OF MARADU SRO. P12:- COPY OF THE SALE DEED NO.2888/06 OF MARADU SRO. P13:- COPY OF THE SALE DEED NO.945/06 OF MARADU SRO. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE REFER REPORT DTD. 18.2.09. R4(a):- COPY OF THE COMPLAINT FILED BY ME BEFORE THE HONOURABLE MAGISTRATE IST CLASS -II, ALUVA DTD. 17.1.09. R4(b):- COPY OF THE COMPLAINT DTD. 12.3.09 FILED BEFORE THE HONOURABLE DIRECTOR GENERAL OF POLICE. 4(c):- COPY OF THE LETER DTD. 31.7.07 SENT BY THE 4TH RESPONDENT TO THE PETITIONERS. R4(d):- COPY OF THE LAWYER NOTICE DTD. 14.8.07 SENT ON BEHALF OF THE 4TH RESPONDENT. R4(e):- COPY OF THE LETTER SENT BY THE 4TH RESPONDENT TO THE PETITIONERS ON14.2.08. R4(f):- COPY OF THE ACKNOWLEDGEMENT CARD DTD. 5.2.08. W.P.(C) NO.18819/2009 R4(g):- COPY OF THE LETTER DTD. 6.3.08 SENT BY THE 4TH RESPONDENT TO THE PETITIONERS. R4(h):- COPY OF THE POSTAL RECEIPT DTD. 10.3.08. R4(i):- COPY OF THE LETTER DTD. 24.3.08 SENT BY THE 4TH RESPONDENT TO THE PETITIOENRS. R4(j):- COPY OF THE POSTAL RECEIPT DTD. 25.3.08. TRUE COPY P.S.TO JUDGE tss KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ------------------------------------------------ W.P.(C).No.18819 of 2009 ----------------------------------------------- Dated this the 22nd day of December, 2009 JUDGMENT Kurian Joseph, J. By order dated 6.7.2009, this court issued an interim direction that investigation in Crime No.176/09 on the file of the Kalamassery Police Station need not be proceeded with, in view of Ext.P6 order passed by the Sessions Court, Ernakulam. In the said order, the Sessions Court has observed that the police has filed a refer report in the said case before the Judicial Magistrate of the First Class-II, Aluva. 2. In view of the dispute on facts, we directed the Judicial Magistrate of the First Class-II, Aluva to verify whether a refer report has been filed. The Judicial Magistrate of the First Class-II, Aluva has informed this court that the police has not, so far, filed a refer report in Crime No.176/09 on the file of the Kalamassery Police Station. W.P.(C).No.18819 of 2009 :: 2 :: 3. Learned Government Pleader submits that the observation in Ext.P6 judgment is a mistake of fact and the police has to conduct a proper and further investigation in the said crime. 4. According to the learned counsel for the petitioners, the police had conducted a thorough investigation in the case and they had come to the conclusion that the dispute is only of a civil nature. So long as a final report is not filed by the police, they are free to conduct appropriate investigation in the case. The investigation, so far, conducted also will be taken into consideration while conducting further investigation. 5. Since the earlier investigation has been conducted by the Sub Inspector of Police and in view of the serious objections taken by the party with regard to the conduct of investigation by the 2nd respondent, we direct the 1st respondent to take up investigation in the same case. There will be a further W.P.(C).No.18819 of 2009 :: 3 :: direction to the first respondent to complete the investigation as expeditiously as possible. 6. Learned Government Pleader submits that the parties are free to produce whatever materials they have, so that the 1st respondent will be in a position to effectively investigate the case. 7. The petitioners apprehend that in the process of investigation, the police will compel them to execute any document. We do not think that there is any basis for such apprehension since it is not for the police to get documents executed as part of the investigation. Writ petition is disposed of as above. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//