NAZIM Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner has come to this Court with this petition under Article 226 of the Constitution of India for issue of directions to respondents 1 to 3 to ensure that the petitioner is not unnecessarily vexed and harassed by the 3rd respondent at the instance of the 4th respondent.

(2.) ACCORDING to the petitioner, the 4th respondent is a very influential person. Her father is the area secretary of a major ruling party (C.P.M). Succumbing to the influence of the father of the 4th respondent, the 3rd respondent is vexing and harassing the petitioner, complains the petitioner. The 4th respondent had issued a cheque to the petitioner and the petitioner has initiated a prosecution under Section 138 of the Negotiable Instruments Act. That prosecution against the 4th respondent is pending. Later the petitioner filed a complaint and Crime No.417 of 2009 was registered under Section 420 I.P.C against the 4th respondent and others. The police investigated that crime and referred the same. Aggrieved by that, the petitioner has preferred a protest complaint now. Cognizance has been taken by the learned Magistrate. At this juncture, the 3rd respondent, at the instance of the 4th respondent, is coercing and harassing the petitioner to withdraw the said private complaint. The petitioner has a further grievance that in a transparent attempt to vex and harass the petitioner, the police are registering crimes against the petitioner at various places. Crime No.15 of 2010 of Kallambalam police station has been registered. The petitioner has been arrayed as an accused in that crime. The petitioner and some others as well as the petitioner's advocate have been arrayed as accused in that crime. The advocate of the petitioner approached this Court and got the proceedings against him quashed under Ext.P1 judgment. A crime has been registered as Crime No.252 of 2010 of Munambam police station and another crime has been registered at the Palakkad Town North Police Station against the petitioner at the instance of a person who figures as the 4th accused in the private complaint filed by the petitioner under Section 420 I.P.C. The learned counsel for the petitioner, in these circumstances, submits that appropriate directions may be issued to ensure that the petitioner is not put to such undeserved vexation and harassment.

(3.) IN the result, this Writ Petition is dismissed with the above observations.