VISWAMBHARAN, S/O. NARAYANAN versus THE DEPUTY SUPERINTENDENT OF POLICE

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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VISWAMBHARAN, S/O. NARAYANAN v. THE DEPUTY SUPERINTENDENT OF POLICE - RP No. 252 of 2007(Y) [2007] RD-KL 7763 (12 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 252 of 2007(Y)

1. VISWAMBHARAN, S/O. NARAYANAN,
... Petitioner

Vs

1. THE DEPUTY SUPERINTENDENT OF POLICE,
... Respondent

2. SUB INSPECTOR OF POLICE, ERATTUPETTA.

3. RAVINDRAN, S/O. NARAYANAN,

4. SULOMANI, W/O. RAVINDRAN,

For Petitioner :SRI.C.J.JOY

For Respondent :SRI.PHILIP T.VARGHESE

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :12/04/2007

O R D E R

J.B. KOSHY and K.P.BALACHANDRAN, JJ.

R.P. No.252 of 2007 IN W.P.(C)No.31708 of 2006-Y

Dated this the 12th day of April, 2007

Order

Koshy, J.

This is a petition for reviewing the judgment dated 18.1.2007 in W.P. (C) No.31708 of 2006. In a petition under article 226 of the Constitution of India, this court is not deciding any disputed questions. While filing police protection petition, this constitutional court cannot be converted as an execution court of the civil court. If the petitioner obtained a civil court decree, it is for him to execute the same through the civil court. The Hon'ble Supreme Court, time and again, held that disputes between private parties cannot be decided in the guise of a writ petition. If any criminal complaints are not looked into by the police, remedy of the petitioner is to approach the magistrate as provided under the Code of Criminal Procedure. We see no ground to review the judgment. Review petition dismissed. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

vaa  W.P.(C).No./2007 2 J.B. KOSHY AND

K.P.BALACHANDRAN, JJ.

R.P. No.252/2007 IN W.P.(C)NO.31708/2006 Y

ORDER

Dated:12th April, 2007



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