IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 13653 of 2011(F) ----------------------------------------- (CRIME NO.187/2011 OF VARAPUZHA POLICE STATION,ERNAKULAM DIST.) ..... PETITIONER(S): -------------------------- 1. K.E.ANTI JOSE, AGED 27 YEARS, S/O E.J.EASAPPAN, KODUVELI PARAMBU HOUSE, KOTHAD P.O., KADAMAKKUDI VILLAGE, ERNAKULAM DISTRICT. 2. ALEXANDER RABERO, AGED 42 YEARS, S/O ANTONY REBERO, KANIYATH HOUSE, MUNDAMVELI P.O., ATHIPOZHI, RAMESWARAM VILLAGE,KOCHI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ---------------------------- 1. DIRECTOR GENERAL OF POLICE(LAW & ORDER) POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695 001. 2. CITY POLICE COMMISSIONER, OFFICE OF THE COMMISSIONER, ERNAKULAM-682 011. 3. CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR, ERNAKULAM DISTRICT-683 513. 4. SUB INSPECTOR OF POLICE, VARAPPUZHA POLICE STATION, ERNAKULAM-683 517 (CRIME NO.187/2011 OF VARAPUZHA POLICE STATION, ERNAKULAM DISTRICT). R1 TO R4 BY GOVERNMENT PLEADER SRI. B.JAYASURYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13653/2011 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF INCORPORATION OF THE COMPANY 'UNIPAY2U INTERNATIONAL. P2: COPY OF THE CERTIFICATE ISSUED IN FAVOUR OF THE 1ST PETITIONER. P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE CITY POLICE COMMISSIONER, ERNAKULAM, DTD. 02/04/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P(C.) No.13653 of 2011 -------------------------------------- Dated this the 27th day of June, 2011. JUDGMENT Petitioners claim to have preferred a complaint to the Sub Inspector of Police, Varappuzha for offence punishable under Section 420 of the Indian Penal Code (for short, “the IPC”) alleging that they had deposited money with one Unipay 2u International Marketing Private Limited on their inducement that they will return double the amount in ten monthly installments but they have not done so. Thereon petitioner preferred Ext.P3, complaint to the Commissioner of Police, Ernakulam requesting necessary action. It is submitted that no action was taken on the said complaint. In the meantime on the complaint of one Antony, the Varappuzha Police registered Crime No.187 of 2011 against first petitioner as first accused for offences punishable under Section 420 of the IPC and Section 4 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. The complaint of the said Antony is that first petitioner induced him to deposit amount in the said company and believing the words of first petitioner, he deposited the amount but the company and first petitioner have cheated him. 2. Learned Public Prosecutor submitted that investigation in Crime No.187 of 2011 is proceeding. It is also submitted that first petitioner was arrested by the Police in connection with Crime No.187 of 2011 and was later released on bail. It is for the Police to investigate the case. If no action is taken WP(C) No.13653/2011 2 on the complaint said to be preferred by petitioner, it is open to the petitioner to approach the superior Police Officers under Section 154(3) of the Code of Criminal Procedure (for short, “the Code”) or the Jurisdictional Magistrate under Section 190 of the Code. Ext.P3, complaint is said to be preferred to the second respondent. If the second respondent has received any such complaint and it is not disposed of, it has to be disposed of as per law. Resultantly this Writ Petition is disposed of directing the second respondent to dispose of Ext.P3, complaint dated April 2, 2011 (if it is received and not so far disposed of) as provided under law. I make it clear that I have not expressed any opinion regarding acceptability of the version of petitioners in the said complaint. THOMAS P.JOSEPH, Judge. cks