M.J. Sabastian vs Sub Inspector of Police and Others

K.M. Joseph, J.—The petitioner has approached this Court seeking the following reliefs:

i) issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 not to interfere in the dispute pending between the petitioner and the third respondent involved in Exts.P1 and P2.

ii) issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 not to harass the petitioner and thereby to compel him to withdraw O.S. No. 239 of 2010 pending before the Subordinate Judge''s Court, Ernakulam and complaint C.C. 188 of 2010 pending before the Judicial First Class Magistrate Court, Vaikom.

Briefly the case of the petitioner is as follows. The third respondent has borrowed Rs. 3 lakhs from the petitioner. A cheque was issued by the third respondent for repayment of the amount. The same was dishonoured due to insufficiency of funds. The petitioner filed a complaint before the J.F.C.M., Vaikom. The third respondent entered appearance. Thereafter the wife of the third respondent filed a petition before the superior police officer and respondents 1 and 2 have interfered in the dispute pending before the Court in order to harass the petitioner and thereby to compel him to withdraw the case filed by him. Respondents 1 and 2 directed the petitioner to appear before them, failing which it is threatened that case will be charged against him for non-bailable offence.

The learned Government Pleader, on instructions, submits that the police will not compel the petitioner to withdraw the case. It is submitted that the said allegation is not correct. According to him, Crime No. 700 of 2010 of Mulamthuruthy Police Station has been registered against the petitioner u/s 420 I.P.C. and under the Money Lenders Act. It is submitted that investigation in accordance with law alone will be conducted and there will not be compelling the petitioner to withdraw the case.

We record the above submissions and close this Writ Petition. We make it clear that it is open to the petitioner to work out his remedy as against the crime registered against him before appropriate forum.