IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 27769 of 2008(E) -------------------------- PETITIONER(S): --------------- 1. K.A.MUHAMMED, AGED 58 YEARS, S/O.BAPPU HAJI, IRINGAPPRA AMSOM, CHOOLPURAM DESOM, THRISSUR DISTRICT. 2. ABDUL RAZAK, AGED 55 YEARS, S/O.BAPPU HAJI, IRINGAPPRA AMSOM, CHOOLPURAM DESOM, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, GURUVAYOOR. 4. THE CIRCLE INSPECTOR OF POLICE, GURUVAYOOR. 5. THE SUB INSPECTOR OF POLICE, GURUVAYOOR. 6. MUHAMMED @ MUHAMMED ALI, S/O.KAKKASSERRY KHADHER, KADAPPURAM AMSOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R5 ADV. SRI.PHILIP T.VARGHESE & SRI.THOMAS T.VARGHESE FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.27769/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE AGREEMENT FOR SALE ENTERED INTO BETWEEN THE PETITIONERS AND THE 6TH RESPONDENT AND ONE SALIM DATED 25.1.06. EXT.P2: TRUE COPY OF THE 2ND AGREEMENT FOR SALE ENTERED INTO BETWEEN THE PETITIONERS AND THE 6TH RESPONDENT AND ONE SALIM DATED 27.5.06. EXT.P3: TRUE COPY OF THE 3RD AGREEMENT FOR SALE ENTERED INTO BETWEEN THE PETITIONERS AND THE 6TH RESPONDENT AND ONE SALIM DATED 2.2.08. EXT.P4: TRUE COPY OF THE MEMO DATED NIL ISSUED BY THE JUNIOR SUPERINTENDENT OF POLICE, GURUVAYUR IN CRIME NO.333/08 GVR. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.27769 OF 2008 E ----------------------------------------------------- DATED THIS THE 10th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners had some dealings concerning the sale of certain landed properties with the 6th respondent. But, they fell apart and the transactions did not materialise. It appears, the 6th respondent has filed some complaints against the petitioners and based on that complaints, the police are harassing them. The dispute between them and the 6th respondent is a civil dispute and therefore, the police have no authority to interfere in that. Therefore, this Writ Petition is filed seeking appropriate directions against the police not to interfere in that dispute. 2. The learned Government Pleader upon instructions submitted that, on the basis of a complaint filed by the 6th respondent and forwarded by the Magistrate under Section 156(3) Cr.P.C., a crime has been registered against the petitioners by the Guruvayur Police for the offences under sections 406 and 420 read with Section 34 of Indian Penal Code. The petitioners were enlarged on bail by the Judicial First Class Magistrate, Chavakkad, imposing W.P.(C)No.27769/08 -2- the condition to appear before the Investigating Officer on every Monday between 9AM and 10AM for four weeks. When the petitioners did not appear, the police issued notice to them. The allegations of harassment made by the petitioners are denied by the police. They say, they only intend to investigate the crime in accordance with law. 3. The 6th respondent denied the allegations against him by the petitioners. The petitioners agreed to sell an item of property to the 6th respondent for a consideration of 65 lakhs. As advance, the petitioners received Rs.35 lakhs. Thereafter, they did not execute the sale deed as agreed. So, the 6th respondent moved the Magistrate's Court by filing a complaint, which was forwarded to the police. 4. We record the submission of the learned Government Pleader that the police intend to proceed against the petitioners only in accordance with law. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn