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Judgment
K.M. Joseph, J.—The prayers in the writ petition are as follows:
i. to issue a writ in the nature of mandamus or such other appropriate writ or direction commanding the 3rd respondent to conduct further investigation in crime No. 98/2010 of Pothanikkad Police station and to incorporate Section 323 of the Indian Penal Code against the accused in the above case in the interest of justice.
ii. to issue a writ in the nature of mandamus or such other appropriate writ or direction commanding the respondents 3 & 4 to give adequate police protection to the life and property of the petitioners from the illegal acts of the respondents 5 to 7.
iii. to issue a writ in the nature of mandamus or such other appropriate writ or direction commanding the 3rd respondent to conduct enquiry upon the allegations of ill-treatment and harassment suffered by the petitioners at Pothanikkad Police station by the 4th respondent and other policemen and to take appropriate action against them in the interest of justice.
Briefly put, the case of the petitioners is as follows:
Adjacent to the residential building of the petitioners there is another building consisting of 15 shop rooms owned by the petitioners. Certain allegations are made bout what happened on 15.4.2010 in regard to respondents 5 to 7. Petitioners complained. Ext.P3 is the FIR. It is the complaint of the petitioners that the party respondents have not been charged with appropriate offences. There is further allegation that respondents 5 to 7 who are members of a local goonda sangham are upto anything. Petitioners filed Ext.P4 complaint for which Ext.P5 receipt is issued. Though served, there is no appearance for the party respondents. We heard the learned Counsel for the petitioners and learned Government Pleader. Learned Government Pleader submits that pursuant to the complaint crime has been registered.
As far as prayer Nos. 1 and 3 are concerned, we would think that the remedy of the petitioners lies elsewhere. In regard to the 2nd prayer we are of the view that petitioners may be justified in view of the circumstances which are brought on record to seek police protection for their lives as against respondents 5 to 7. In such circumstances, we dispose of the writ petition as follows:
As and when petitioners complains of any threat to their lives by respondents 5 to 7 before respondents or 4, the officer before whom the complaint is made shall look into the same, and, on being satisfied about the genuineness of the complaint he shall provide sufficient protection to the lives of the petitioners as against respondents 5 to 7. In regard to the other prayer we leave it open to the petitioner to approach the appropriate forum including the District Police Complaint Authority.
The writ petition is disposed of as above.