Elikkutty v. The Deputy Superintendent Of Police

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 FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936 WP(C).No. 8026 of 2015 (C) --------------------------- PETITIONERS:

-------------------------- 1.

ELIKKUTTY, AGED 58 YEARS W/O.MICHLE, PULIKKAPARAMBIL HOUSE, ERUMATHADAM, PAYAM EAST P.O., KANNUR DISTRICT PIN 670 704.

2.

JOSEPH, PULIKKAPARAMBIL HOUSE, ERUMATHADAM, PAYAM EAST P.O., KANNUR DISTRICT PIN 670 704.

BY ADVS.SRI.P.K.ABOOBACKER(EDAPPALLY) SRI.N.P.AMMU RESPONDENTS:

---------------------------- 1.

THE DEPUTY SUPERINTENDENT OF POLICE, IRITTY, IRITTY P.O., KANNUR DISTRICT PIN 670 703. 2.

THE SUB INSPECTOR OF POLICE, IRITTY, IRITTY P.O., KANNUR DISTRICT PIN 670 703. 3.

APPANU NAMBIAR, S/O. GOPALAN NAMBIAR, THEKKEN ODOYOTH HOUSE, PAYAM EAST P.O., KANNUE DISTRICT, PIN 670 704.

4.

AJITHA GOPI, W/O.LATE GOPI, THEKKEN ODOYOTH HOUSE, PAYAM EAST P.O., KANNUR DISTRICT PIN 670 704 R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8026 of 2015 (C) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 :

THE PHOTOCOPY OF THE PAPER REPORT DATED 27.2.2015 APPEARED IN DESABHIMANI DAILY NEWS PAPER.

EXHIBIT P2 :

THE PHOTOCOPY OF THE COMPLAINT DATED 25.2.2015 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE JJJ

ASHOK BHUSHAN, Ag. C.J.

& A.M. SHAFFIQUE, J.

------------------------------------------ W.P.(C) No. 8026 of 2015 ------------------------------------------ Dated this the 13th day of March, 2015

J U D G M E N T

A.M.Shaffique, J.

The petitioners have approached this Court alleging police harassment.

2.

It is stated that on the basis of a complaint filed by respondents 3 and 4, Police is unnecessarily harassing the petitioners and their family members. It is pointed out that the 1st petitioner's son committed suicide on account of such false complaints and now the Police has stated that the petitioners, their children and relatives will be charged with non bailable offences.

3.

Though the petitioner has filed Ext.P2 complaint before the Dy.S.P., no action has been taken in the matter. Even according to the petitioner, the petitioners are being

W.P.(C) No.8026/2015 -2summoned by the Police on the complaint given by the 3rd respondent. If the Police is investigating any crime, based on a complaint, we do not think that it amounts to harassment. If the petitioners are summoned, they have to appear before the Police for the purpose of investigation. In regard to the allegations made in Ext.P2, it is a matter to be enquired into by the 1st respondent.

4.

We only observe that the 1st respondent shall look into Ext.P2 complaint and take appropriate action in accordance with law.

With the above observation, this Writ Petition is disposed of.

Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE.

Sd/- A.M. SHAFFIQUE, JUDGE.

jjj