P.R. Ramachandra Menon, J.
The petitioner has approached this Court seeking for a direction to the first respondent/C.I. of Police to refrain from harassing the petitioner and his family in connection with a civil dispute forming the subject matter of O.S.84 of 2014 of the Munsiff's Court, Haripad. The case of the petitioner is that the dispute between the petitioner and his neighbour, which is the subject matter of Ext.P2 plaint, is pending before the Munsiff's Court, Haripad. However, without any regard to the civil rights of the parties concerned, the police has been won over by the opposite side, as a result of which, the petitioner is being simply harassed by the police which necessitated filing of this writ petition.
2. When the matter came up for consideration, the learned State Attorney submits on instruction that the version of the petitioner as such is not correct. There was a complaint preferred by one Suvarna Mohan with regard to various offences committed by the petitioner. The matter was enquired into and W.P.(C)No.16393 OF 2014 2 Crime 491 of 2014 was registered, pursuant to the proceedings of the learned Magistrate by forwarding the private complaint preferred in this regard for appropriate action, under Section 156 (3) of the Cr.P.C.
3. It is brought to the notice of this Court that the petitioner has also filed a complaint referring to various offences committed by the concerned accused, pursuant to which another crime was registered as Crime No. 204 of 2014 and investigation is going on. The learned State Attorney asserts that there was no instance of any harassment against the petitioner and the members of his family. There was a conviction warrant against one Mr. Biju who is residing close to the residence of the petitioner. When the police reached the spot, the residence of the aforesaid Biju was seen kept locked, upon which the police went to the residence of the petitioner, just to enquire about the whereabouts of Biju. Since the petitioner pleaded ignorance, the police returned and there was no instance of any harassment at any point of time, but for the investigation being pursued in connection with the crimes mentioned herein before. It is also W.P.(C)No.16393 OF 2014 3 pointed out that the police has not required the petitioner to compromise the issue pending consideration before the Munsiff's Court, Haripad as O.S. 84 of 2014 and that the police does not require the presence of the petitioner in connection with the issue involved in the said civil suit.
4. In the light of the above submission, this Court finds that no further orders are called for. The matter is disposed of, without prejudice to the rights and liberties of the parties to the civil suit to pursue the matter accordingly. This will not bar the way of the police in conducting proper investigation in connection with the crimes and to take appropriate proceedings in accordance with law.
MANJULA CHELLUR, CHIEF JUSTICE.
P.R. RAMACHANDRA MENON, JUDGE.
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