High Court Kerala High Court

Biju Varghese vs Sudha on 22 May, 2009

Kerala High Court
Biju Varghese vs Sudha on 22 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13145 of 2009(Q)


1. BIJU VARGHESE,
                      ...  Petitioner

                        Vs



1. SUDHA, W/O LATE CHANDRADHARAN,
                       ...       Respondent

2. RENJITH, S/O LATE CHANDRADHARAN,

3. RENINI, D/O SUDHA,

4. THE SUB INSPECTOR OF POLICE,

5. THE CITY POLICE COMMISSIONER,

                For Petitioner  :SRI.GOPAKUMAR R.THALIYAL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/05/2009

 O R D E R
              M.SASIDHARAN NAMBIAR, J.
               ==================
              W.P.(C) No.     13145 of 2009
               ==================
          Dated this the 22nd day of May, 2009.

                       JUDGMENT

This petition is filed under Article 226 of the

Constitution of India for a direction to the 4th respondent-

Sub Inspector of Police to take action on Exhibit P7

complaint filed and also to direct the 5th respondent-

Commissioner of Police, Thiruvananthapuram to take action

on Exhibit P8 complaint.

2. The learned Counsel appearing for the petitioner

and the learned Public Prosecutor were heard.

3. The allegations in Exhibit P7 and P8 complaints

are that respondents 1 to 3 executed Exhibit P1 agreement

for sale and received Rs.18.45 lakhs as advance and agreed

to execute the sale deed before the expiry of 17-6-2008.

After receiving the balance consideration, respondents 1 to

3 failed to comply with the conditions in the agreement and

in such circumstance the petitioner approached the civil

court and got an order of attachment and respondents 1 to

WPC.13145/2009
2

3 are attempting to protract the civil case and on enquiry

the petitioner is satisfied that as per the revenue records

they have Patta only in respect of 9 cents and they had

forged Patta in respect of remaining 10 cents and got the

agreement executed and in such circumstances a proper

investigation has to be conducted.

4. Argument of the learned Counsel for the

petitioner is that no proper investigation is done and no

case is registered and so respondents 4 and 5 are to be

directed to conduct proper investigation. The learned

Government Pleader submitted that even though Exhibit P7

and P8 were enquired into no crime is registered.

5. If the petitioner is aggrieved by the case

registered or investigation of the case pursuant to Exhibit

P7 complaint, remedy of the petitioner is to approach the

Magistrate by filing a private complaint under Section 200,

Cr.P.C. With that liberty the Writ Petition is dismissed.

M.SASIDHARAN NAMBIAR
JUDGE
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