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N.P.Joy vs State Of Kerala

High Court Of Kerala|11 November, 2014
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JUDGMENT / ORDER

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.
ttb/11/11 A.M. Shaffique, Judge.
WP(C) No. 29301 of 2014 -:3:-
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Title

N.P.Joy vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
11 November, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri Denizen Komath