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A.M. Varghese And Another vs Sub Inspect Of Polic on 4 November, 2008

Kerala High Court
A.M. Varghese And Another vs Sub Inspect Of Polic on 4 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32404 of 2008(G)



1. A.M. VARGHESE AND ANOTHER
                      ...  Petitioner

                        Vs

1. SUB INSPECT OF POLIC, MUSUEM POLICE
                       ...       Respondent

                For Petitioner  :SRI.S.RAJKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :04/11/2008

 O R D E R
         K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.
          -----------------------------------------------------
                  W.P.(C)No.32404 OF 2008
        -----------------------------------------------------
           DATED THIS THE 4th DAY OF NOVEMBER, 2008

                           J U D G M E N T

Balakrishnan Nair, J.

The petitioners are husband and wife. They submit, the first

petitioner and his daughter are in possession of two flats owned by

M/s Simi Movies Enterprises Pvt.Ltd. under a licence arrangement.

At the relevant time, Dr.Abdul Jabbar was the Managing Director of

that Company. Later, the petitioners herein entered into an

agreement for purchase of those two flats. They claim, substantial

amounts have already been paid in advance towards the price of the

flats. While so, Dr.Abdul Jabbar died. The 3rd respondent claims,

she is the second wife of the said person. The 4th respondent is her

brother. Asserting right over the two flats, the said persons have

come to the picture. They are threatening and harassing the

petitioners. They are engaging muscle men to throw them out from

the flat. Earlier, when the 3rd respondent and others tried to attack

and kill the first petitioner, he moved this Court, seeking police

protection. This Court after hearing both sides passed Exhibit P1

W.P.(C)No.32404/08 -2-

interim order ordering protection to his life. Later, the said Writ

Petition was disposed of by Exhibit P2 judgment, making that interim

order absolute. Against the efforts made by respondents 3 and 4 for

evicting the petitioners by use of force, they have already moved the

civil court and obtained Exhibit P3 interim order injuncting them from

trespassing into those flats or doing anything against the peaceful

possession and enjoyment of them by the petitioners or commit any

waste there. They are also injuncted from vacating the petitioners by

use of force. But, undaunted by the said interim order, respondents 3

and 4 are continuing their illegal activities to evict the petitioner. So,

he filed Exhibit P6 representation before the Sub Inspector of Police,

Museum Police Station, Thiruvananthapuram. Two prayers are made

in this Writ Petition. One is for implementing the judgment of this

Court, Exhibit P2. The second prayer is to register a crime and

investigate the case, against whom, the petitioners have filed petitions.

2. If the judgment of this Court is not respected by the police,

the remedy of the petitioners is to move contempt application before

this Court. There cannot be any further direction from this Court to

the police to implement this Court’s judgment. If, based on the

information lodged by the petitioners, even when they disclose

W.P.(C)No.32404/08 -3-

cognizable offences, the Sub Inspector of Police is not registering a

crime and investigating the same, the remedy of the petitioners lies in

moving the superior Police Officer or moving the concerned criminal

court under Section 156(3) of Cr.P.C. In view of the decision of the

Apex Court in Sakiri Vasu v. State of U.P. (2008(1) KLT 724), this

Court is not justified in issuing any direction as prayed for by the

petitioner to register a crime and investigate the same. In view of the

above position, no relief can be granted in this Writ Petition.

Accordingly, it is dismissed without prejudice to the contentions of the

petitioner and his right to move other forums for appropriate reliefs.

K.BALAKRISHNAN NAIR, JUDGE.

M.C.HARI RANI, JUDGE.

dsn

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