IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 26259 of 2009(B) -------------------------- PETITIONER(S): --------------- MATHEW ANTONY,S/O.MATHEW JOSEPH, PALLATH HOUSE, SANTHIPURAM ROAD, PALARIVATTOM, COCHIN -25. BY ADV. SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM,COCHIN-18. 3. THE CITY POLICE COMMISSIONER, COCHIN CITY, ERNAKULAM. ADDL.R4 AND R5: 4. Mr.NANDAKUMAR. AGED 49 YEARS, S/O.P.S.PANICKER, PARAPPARAMBIL VEEDU, SUBASH NAGAR, EDAPPALLY, COCHIN 26. 5. SANI FRANCIS, AGED 48 YEARS, KATTARUKUDIYIL HOUSE, R.M.V.ROAD, ELAMAKKARA P.O., COCHIN - 24. ADDL.R4 AND R5 ARE IMPLEADED AS PER ORDER DT.23-9-09 IN IA 11649/09. ADV. SRI.PEEYUS A.KOTTAM FOR R5 SRI.P.DALBI EMMANUEL FOR ADDL R4 SRI.A.V.JAMES FOR ADDL.R4 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.26259/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE PHOTOSTAT COPY OF THE COMPLAINT C.M.P.NO.2686/2008 DATED 22-8-2008 FILED BY THE PETITIONER BEFORE THE J.F.M.COURT, ERNAKULAM. EXT.P2. TRUE PHOTOSTAT COPY OF THE DOCUMENT NO.2368/08 OF THIRUVAMBADY S.R.O. DATED 22-11-08. EXT.P3. TRUE PHOTOSTAT COPY OF THE AGREEMENT DATED 7-5-2008 EXT.P4. TRUE PHOTOCOPY OF THE COMPLAINT M.P.NO.3513/2009 OF THE ADDL. CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM DATED 14-9-2009. EXT.P5. TRUE PHOTOSTAT COPY OF THE AGREEMENT DATED 20-9-2008. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.26259 of 2009 ----------------------------------------- Dated this the 30th day of September, 2009 JUDGMENT Kurian Joseph,J. Petitioner approached this court complaining of harassment by the Police. According to the petitioner he had filed Ext.P4 private complaint and the matter is now pending investigation by the second respondent. However, the second respondent, instead of investigating Ext.P4 complaint, is actually harassing the petitioner and that harassment, according to the petitioner, is at the instance of additional respondents 4 and 5. Learned counsel for respondents 4 and 5 submits that they had filed complaints against the petitioner and the Police is only conducting an enquiry on the complaint. Learned Government Pleader, on instruction, submits that no crime has been registered against the petitioner on the complaint filed by additional respondents 4 and 5, since the petitioner has sought for some time to settle the amounts, if any, due to the additional 4th respondent. Apparently there are some transactions between the petitioner and W.P(C)No.26259/2009 -:2:- respondents 4 and 5. Learned Government Pleader submits that in the process of enquiry there is no harassment to the petitioner by the Police. The above submissions are recorded. In that view of the matter no orders are necessary in the writ petition. It is disposed of making it clear that in case the parties face any difficulty on the conduct of the Police with regard to the investigation, it will be open to him to seek appropriate orders from the Magistrate of competent jurisdiction. Needless to say that the parties will have to co-operate with the Police in the conduct of investigation and the judgment shall not stand in the way of the Police discharging their statutory duties in the matter of investigation of crimes, if any, in which the parties are involved. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.26259 of 2009 ---------------------------- JUDGMENT 30th September, 2009