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Kerala High Court

P.Basheer vs District Police Chief on 19 May, 2012

       

  

   

 
 
                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT:

                           THE HONOURABLE MR. JUSTICE P.UBAID

             TUESDAY, THE 4TH DAY OF NOVEMBER 2014/13TH KARTHIKA, 1936

                                 WP(C).No. 26139 of 2014 (N)
                                    ----------------------------

PETITIONER:
-------------------

            P.BASHEER, S/O LATE UKKAS
            BASID MANSIL, MASJID ROAD
            KANHANGAD KADAPPURAM
            KANHANGAD.P.O, KASARAGOD-670315.

            BY ADV. SRI.REKESH.V.R.

RESPONDENTS:
-----------------------

        1. DISTRICT POLICE CHIEF
            VIDYA NAGAR, KASARAGOD-671123.

        2. C.I.OF POLICE, KANHANGAD POLICE
           STATION, KASARAGOD-671315.

            R1 & R2 BY Sr. PUBLIC PROSECUTOR SMT. SAREENA GEORGE P.

            THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26139 of 2014 (N)


                                           APPENDIX

PETITIONER'S EXHIBITS
------------------------------------

EXT.P1 COPY OF THE SALE AGREEMENT ENTERED BETWEEN BASHEER AND
          BALAKRISHNAN DATED 19-05-2012

EXT.P2 COPY OF THE COMPLAINT PREFERRED BEFORE THE IST RESPONDENT ON
          30-08-2014

EXT.P3 COPY OF THE RECEIPT OF THE COMPLAINT DATED 04-10-2014

EXT.P4 COPY OF THE SALE AGREEMENT EXECUTED BETWEEN P.V.SHJANKARAN
          AND GIRIJA DATED 25-08-2011

EXT.P5 COPY OF THE RECEIPT ISSUED BY GIRIJA TO RAIHANATH SHOWING THE
          CANCELLATION OF SALE AGREEMENT.

RESPONDENTS' EXHIBITS
--------------------------------------

NIL

                               // TRUE COPY //     P.A. TO JUDGE


SD



                            P. UBAID, J.
               ---------------------------------------
                    W.P.(C) No. 26139 Of 2014
               ---------------------------------------
            Dated this the 4th day of November, 2014

                             JUDGMENT

The petitioner herein seeks a writ of mandamus directing the 1st respondent herein to take appropriate steps on Ext.P2 complaint made by him. What he wants practically is registration of a crime, and investigation thereon. Ext.P2 complaint in fact does not disclose any cognizable offence. What he wants at the most is interference of the police for settlement of the dispute wherein he is involved. He does not in fact seek criminal prosecution, and the complaint also does not contain definite allegations constituting any definite offence. I find that this is a mischievous writ petition, and it is liable to be dismissed.

In the result, this writ petition is dismissed.

Sd/-


                                                 P. UBAID, JUDGE

sd

                // TRUE COPY //          P.A. TO JUDGE