IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32249 of 2004(L)
1. P.P.RAGHAVAN, S/O.N.K.GOPALA KURUP,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE BRANCH MANAGER, HDFC BANK LTD.,
For Petitioner :SRI.CIBI THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
Dated :27/06/2008
O R D E R
K. BALAKRISHNAN NAIR, J.
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W.P.(C) No. 32249 OF 2004
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Dated this the 27th day of June, 2008
J U D G M E N T
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The petitioner’s motor cycle bearing registration
No.KL.13/J 9768 was seized by the 2nd respondent. The said
vehicle was purchased by the petitioner by availing a loan from
the 2nd respondent. On the allegation that he has committed
default in payment of the loan amount, the seizure was made.
The petitioner submits that the seizure was illegal. So, he filed
Ext.P3 petition before the police. Alleging that, the police did
not take any effective action on Ext.P3, this writ petition is filed,
seeking a direction to the 1st respondent, Sub Inspector of
Police, to enquire into the matter and conduct a proper
investigation based on Ext.P3. If the police is not taking any
action based on the complaint filed by the petitioner, his remedy
is to move the concerned criminal court under the provisions of
the Code of Criminal Procedure. This Court is not justified in
issuing any direction as sought for by the petitioner under
Article 226 of the Constitution of India.
W.P.(C) No.32249/2004 2
Accordingly, this writ petition is dismissed, without
prejudice to the contentions of the petitioner and his right to
move other forums for appropriate reliefs.
(K.BALAKRISHNAN NAIR, JUDGE)
ps