Sanju v. State Police Chief
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 1204 of 2015 (A) --------------------------- PETITIONER :
--------------- SANJU,S/O.SUGATHAN, PERINGOTHARA HOUSE, KOTHAPARAMBU, KODUNGALLOOR, ERNAKULAM DIST.
BY ADVS.SRI.ANIL K.MOHAMMED SRI.M.K.FAISAL SRI.V.S.MANSOOR RESPONDENTS :
--------------------
1. STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 010.
2. DISTRICT POLICE CHIEF, ERNAKULAM RURAL, ALUVA - 683 003.
3. THE SUB INSPECTOR OF POLICE, CHENGAMANADU, ERNAKULAM DIST - 683 540.
4. DILEEP KUMAR, S/O.BALAKRISHNAN NAIR, KODIYATHU HOUSE, AMBALA NADA, CHENGAMANADU, ERNAKULAM DIST - 683 540.
5. KRISHNA KUMAR, S/O.BALAKRISHNAN NAIR, KODIYATHU HOUSE, AMBALA NADA, CHENGAMANDU, ERNAKULAM DIST - 683 540.
R1 TO R3 BY STATE ATTORNEY, SRI.P. VIJAYARAGHAVAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1204 of 2015 (A) -------------------------------- APPENDIX PETITIONER'S EXHIBITS:
EXT.P1 : TRUE OCPY OF RELEVANT PORTION OF INJUNCTION ORDER IN I.A. NO.228/2014 IN O.S. NO.84/14 OF MUNSIFF'S COURT, N. PARAVUR.
EXT.P2 : A COPY OF THE ENGLISH TRANSLATION OF EXT.P1. EXT.P3 : TRUE PHOTOCOPY OF COMPLAINT DATED 27.12.2014 SUBMITTED TO THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL /TRUE COPY/ PA TO JUDGE
ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1204 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of January, 2015
JUDGMENT
Shaffique, J.
The petitioner has approached this Court alleging harassment by police. Even according to him, he is involved in Crime No.129/2014 of Chengamandu police station. It is stated that at the instance of respondents 4 and 5 the Police is calling upon him to settle certain matters relating to property and to give substantial amounts to respondents 4 and 5.
2. Learned State Attorney on instructions would submit that if the petitioner has any grievance regarding police harassment, petitioner has to approach the Police Complaints Authority under the Police Act. Further it is stated that the 3rd respondent has not threatened the petitioner in any manner. The petitioner was involved in crime No.129/2014 and for the purpose of investigation, the petitioner was summoned on several occasions. As per the bail condition granted in favour of the petitioner, he is bound to appear before the investigating officer as and when called. Since the petitioner is not
WP(C) No. 1204 of 2015 -:2:- appearing before the investigating officer, appropriate steps have been taken. State Attorney further submits that civil disputes are pending between the parties.
Having regard to the aforesaid factual situation, we are of the opinion that mere calling the petitioner to the police station in connection with the investigation of a crime does not amount to any harassment. Hence no further orders are required to be passed in this petition. The Writ Petition is closed. Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/13/01
WP(C) No. 1204 of 2015 -:3:-