Kerala High Court
N.P.Joy vs State Of Kerala on 14 March, 2014
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 11TH DAY OF NOVEMBER 2014/20TH KARTHIKA, 1936
WP(C).No. 29301 of 2014 (K)
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PETITIONERS :
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1. N.P.JOY, S/O. VAREETH, PROPRIETOR,
M/S. MINI MOTOR DRIVING SCHOOL,
8/346, N. PARAVUR, ERNAKULAM.
2. MIDHUN JOY, S/O. N.P. JOY,
M/S. MINI MOTOR DRIVING SCHOOL,
8/346, N. PARAVUR, ERNAKULAM.
3. HENRY @ MANU, S/O.KUNJUMON, PETTAYIL HOUSE,
CHERAI, NORTH PARAVUR, ERNAKULAM.
BY ADV. SRI.DENIZEN KOMATH
RESPONDENTS :
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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. STATE POLICE CHIEF, KERALA POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM - 695 001.
3. SUPERINTENDENT OF POLICE, ALUVA RURAL SP'S OFFICE,
ALUVA - 683 101.
4. CIRCLE INSPECTOR OF POLICE, N.PARAVUR CIRCLE OFFICE,
ERNAKULAM - 682 513.
5. SUB INSPECTOR OF POLICE, N.PARAVUR, ERNAKULAM - 682 517.
6. REJI @ REJIN RAJ, AGED 30 YEARS, S/O.RAJU,
M/S.RAJU DRIVINGSCHOOL, NORTH PARAVUR,
ERNAKULAM - 682 513.
7. RAHUL, AGED 22 YEARS,
M/S.RAJU DRIVINGSCHOOL, NORTH PARAVUR,
ERNAKULAM - 682 513.
WP(C).No. 29301 of 2014 (K)
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8. VISHNU, AGED 23 YEARS, PATTATHANATHU HOUSE, PALLIPURAM,
ERNAKULAM - 682 509.
9. PRADEEP THOPPIL, THOPPIL HOUSE, COUNCILLOR, WARD NO.7,
N. PARAVUR, MUNICIPALITY, NO. PARAVUR, ERNAKULAM - 682 513.
10. SIDDIQUE, M/S.HARISREE DRIVING SCHOOL,
JARAPADY, N. PARAVUR, ERNAKULAM - 682 513.
R1 TO R5 BY GOVERNMENT PLEADER, SRI.C.R. SYAMKUMAR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 29301 of 2014 (K)
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APPENDIX
PETITIONERS' EXHIBITS :
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EXHIBIT-P1-TRUE COPY OF THE LICENCE ISSUED BY RTO ERNAKULAM TO THE
PETITIONER.
EXHIBIT-P2-TRUE COPY OF THE CERTIFICATE OF PARTICIPATION ISSUED BY
THE JR. RTO, N. PARAVUR TO THE 2ND PETITIONER.
EXHIBIT-P3-TRUE COPY OF THE FIR IN CRIME NO. 685/2014 OF THE 5TH
RESPONDENT'S POLICE STATION.
EXHIBIT-P3(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF THE MALAYALAM
PORTION OF EXHIBIT-P3.
EXHIBIT-P4-TRUE COPY OF THE COMPLAINT PREFERRED BY THE 2ND PETITIONER
BEFORE THE 5TH RESPONDENT DATED 14/03/2014.
EXHIBIT-P5-TRUE COPY OF THE RECEIPT.
EXHIBIT-P5(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P5.
EXHIBIT-P6-TRUE COPY OF THE FIR IN CRIME NO. 913/2014 OF 5TH RESPONDENT'S
POLICE STATION, REGISTERED U/S 294(B), 506(II) AND 109 IPC.
EXHIBIT-P6(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF MALAYALAM
PORTION OF EXHIBIT-P6.
EXHIBIT-P7-TRUE COPY OF THE COMPLAINT PREFERRED BY THE 2ND PETITIONER
BEFORE THE 5TH RESPONDENT.
EXHIBIT-P7(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P7.
EXHIBIT-P8-TRUE COPY OF THE REQUEST MOVED BY THE IST PETITIONER BEFORE
THE 2ND RESPONDENT DATED 14/05/2014.
EXHIBIT-P8(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P8.
EXHIBIT-P9-TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER
BEFORETHE 5TH RESPONDENT DATED 17/05/2014.
EXHIBIT-P9(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P9.
EXHIBIT-P10-TRUE COPY OF THE FIR IN CR. NO. 1047/14 U/S 457, 427, R/W 34 IPC
OF JFCM, N. PARUR.
EXHIBIT-P10(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF THE MALAYALAM
PORTION OF EXHIBIT-P10.
WP(C).No. 29301 of 2014 (K)
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EXHIBIT-P11-TRUE COPY OF THE COMPLAINT PREFERRED BY THE IST PETITIONER
BEFORE THE DEPUTY POLICE SUPERINTENDENT, ALUVA
DATED 04/06/2014.
EXHIBIT-P11(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P11.
EXHIBIT-P12-TRUE COPY OF THE RECEIPT OF ACCEPTANCE OF EXHIBIT-P11.
EXHIBIT-P13-TRUE COPY OF THE COMPLAINT PREFERRED BY THE IST PETITIONER
BEFORE 5TH RESPONDENT DATED 14/08/2014.
EXHIBIT-P13(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P13.
EXHIBIT-P14-TRUE COPY OF THE RECEIPT OF ACCEPTANCE OF EXHIBIT-P13.
EXHIBIT-P15-TRUE COPY OF THE TRUE COPY OF THE WOUND CERTIFICATE ISSUED
BY THE SUPERINTENDENT OF TALUK HEAD QUARTERS HOSPITAL,
NORTH PARUR.
EXHIBIT-P16-TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT
DATED 20/08/2014.
EXHBIT-P16(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P16
EXHIBIT-P17-TRUE COPY OF THE RECEIPT OF PREFERENCE OF COMPLAINT
BY IST PETITIONER BEFORE THE 2ND RESPONDENT
DATED 21/08/2014.
EXHIBIT-P18-TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT DATED 24/10/2014.
EXHIBIT-P18(A)-TRUE COPY OF THE ENGLISH TRANLSATION OF EXHIBIT-P18.
EXHIBIT-P19-TRUE COPY OF THE RECEIPT OF ACCEPTANCE OF EXHIBIT-P18.
EXHIBIT-P19(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P19.
EXHIBIT-P20-TRUE COPY OF THE COMPLAINT LODGED BY THE 2ND RESPONDENT
BEFORE THE 5TH RESPONDENT.
EXHIBIT-P20(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P20.
RESPONDENTS' EXHIBITS :
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NIL
/TRUE CO PY/
PA TO JUDGE
ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.
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W.P.(C) No. 29301 OF 2014
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Dated this the 11th day of November, 2014
JUDGMENT
Ashok Bhushan, Ag.C.J. Heard learned counsel for the petitioner and learned Government Pleader. No notice is being issued to respondents 6 to 10 in view of the order which is being passed.
2. Petitioners by this petition have prayed for a direction to respondents 2 to 5 to provide adequate and appropriate police aid and protection to the life of petitioners and the driving school conducted by them against the existing threat from respondents 6 to 10.
3. Petitioners as well as respondents 6 to 10 are running driving school in the same area. From the allegations in the writ petition it does appear that there is a dispute between the parties. Petitioners' case is that though they have filed several complaints, no proper action has been taken. They have also filed complaint before the Magistrate.
4. Learned Government Pleader after obtaining instructions submitted that on the complaint of the petitioners, crime has already been registered and one crime has been WP(C) No. 29301 of 2014 -:2:- registered against the petitioner on the complaint of private respondents. Learned counsel for the petitioners submitted that the complaint filed by respondents is only a counter blast. Learned Government Pleader submits that complaints are under investigation and in one case report has been submitted.
5. In view of the above submission of learned Government Pleader, we do not see any reason to issue any direction in the matter. On the allegation of the petitioners that they have to run to the Magistrate Court when complaints are not registered, we are of the view that, that is the requirement of law as prescribed in the Code of Criminal Procedure. In the event the complaint is not registered by the police authorities, the remedy of the petitioners is to file petition under Section 156 Cr.P.C. for appropriate relief.
With the above observation the Writ Petition is closed.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/11/11 WP(C) No. 29301 of 2014 -:3:-