IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31280 of 2009(D)
1. STANLEY SEBASTIAN, S/O.SEBASTIAN,
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE,
... Respondent
2. SMT.MERCY EAPEN, W/O.EAPEN CHACKO,
For Petitioner :SRI.G.HARIHARAN
For Respondent :SRI.S.HARIKRISHNAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :06/11/2009
O R D E R
KURIAN JOSEPH & C.T. RAVIKUMAR, JJ.
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W.P. (C) NO. 31280 OF 2009
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Dated this the 6th day of November, 2009
JUDGMENT
Kurian Joseph, J.
This Writ Petition is filed with the following prayers:
i. Issue a writ of mandamus or any other
appropriate writ restraining the 1st respondent
from harassing the petitioner without
following the procedures contemplated under
the Criminal Procedure Code in connection
with complaint if any filed by the 2nd
respondent against the petitioner.
ii. Issue a writ of mandamus or any other
appropriate writ restraining the 1st respondent
from interfering with the peaceful functioning
of the fabricating unit run by the petitioner on
the strength of any complaint filed by the 2nd
respondent.
The learned Government Pleader, on instruction, submits that there is no
harassment by the police and that the police has only discharged their
statutory duty of investigating on a complaint filed by the second
respondent against the petitioner. It is submitted that the police has
registered Crime No.480 of 2009 of Nooranad Police Station against the
petitioner. It is also brought to our notice that another crime, Crime
W.P.(C)NO.31280/2009 2
No.472 of 2009 has been registered by the Mavelikkara Police. The latter
is registered under Sections 354 and 294(b) I.P.C. and the former is under
Section 353 I.P.C.
2. In case the petitioner has any grievance regarding the procedure
followed by the police in the investigation, it is for him to approach the
Magistrate of competent jurisdiction.
Without prejudice to such liberty, the Writ Petition is dismissed.
(KURIAN JOSEPH)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
sp/
W.P.(C)NO.31280/2009 3
KURIAN JOSEPH
&
C.T. RAVIKUMAR, JJ.
W.P.(C)NO.31280/2009
JUDGMENT
6th November, 2009
W.P.(C)NO.31280/2009 4