BAISON Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) PETITIONER has approached this Court seeking the following reliefs:

(2.) BRIEFLY put, the case of the petitioner is as follows: Petitioner was engaged in trading in rubber. According to him, respondents 4 to 6 who are rubber traders, used to supply scrap rubber to the petitioner. They represented that the dried rubber content was to the extent of eighty per cent and the petitioner, believing their assurance, supplied the same to one Jossy Thariyan, who complained of the content of dried rubber being lesser. There was a dispute between the petitioner and respondents 4 to 6 in regard to the same. There was mediation and the short-fall was computed at '.65 Lakhs. Since the petitioner did not have the requisite funds, he agreed to assign his property having an extent to ten cents along with his residential house. By Ext.P1, the assignment took place. Despite complying with the terms of the compromise, respondents 4 to 6 are demanding more money. Petitioner is residing, after the sale of the residential house, with his family in the house of his brother. There is allegation of threat by the party respondents. Petitioner filed a complaint before the Judicial First Class Magistrate Court-I, Kanjirappally and the matter was forwarded to the police who have registered a crime as evident from Ext.P3 FIR. Petitioner and his family members are still receiving threatening calls from respondents 4 to 6. Hence this Writ Petition, after submitting representations.

(3.) WE are not pronouncing on the correctness of the monetary claims set up by the parties against each other. That is a matter to be gone into by the competent civil court. As far as the threat to life of the petitioner and members of his family is concerned, we dispose of the Writ Petition as follows: If the petitioner complains to the third respondent of any threat to his life or members of his family, namely his wife and two children, as against the party respondents (respondents 4 to 6), the third respondent will look into it and if it is found to be genuine, he will afford police protection for the life of the petitioner, his wife and two children as against the party respondents as and when required. As already held above, we make it clear that the party respondents will be free to take legal steps for recovery of any amounts due, as they are advised, and the competent court or forum will be free to decide the matter untrammeled by anything contained in this Judgment.