C.A Babu v. Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 14529 of 2015 (M) ---------------------------- PETITIONER(S) :- ------------------ C.A BABU, AGED 49 YEARS NEAR CENTRAL UP SCHOOL, KELOTH, PAYYANUR P.O.PAYYANUR, KANNUR DISTRICT.

BY ADV. SRI.PHILJO VARUGHESE PHILIPS RESPONDENTS :- ----------------

1. SUB INSPECTOR OF POLICE PAYYANUR (MR.SHIJU), P.O.PAYYANUR, KANNUR DISTRICT PIN - 670 307.

2. INSPECTOR OF POLICE PAYYANUR, P.O.PAYYANUR, KANNUR DISTRICT PIN - 670 307.

3. DISTRICT POLICE CHIEF KANNUR, PIN - 670 001.

4. SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM PIN - 695 001.

BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14529 of 2015 (M) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXHIBIT P1. TRUE COPY OF FIR IN CRIME NO.231/2015 REGISTERED BY PAYYANNUR POLICE.

EXHIBIT P2. TRUE COPY OF REMAND REPORT FILED BY THE PAYYANNUR POLICE BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE, PAYYANUR DATED 21.04.2015.

EXHIBIT P3. TRUE COPY OF STATEMENT OF FACTS OF THE CRL.M.C.NO.1936/2015 FILED BEFORE THIS HON'BLE COURT. EXHIBIT P4. TRUE COPY OF INTERIM ORDER IN CRL.M.C.NO.1936/2015 PASSED BY THIS HON'BLE COURT DATED 25.03.2015. EXHIBIT P5. TRUE COPY OF REPORT DATED 30.03.2015 SUBMITTED BY THE 1ST RESPONDENT IN CRL.M.C 1936/2015 BEFORE THIS HON'BLE COURT. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.14529 of 2015 -------------------------------------- Dated this the 2nd day of June 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioner. 2.

The petitioner has come up with this writ petition alleging police harassment. The petitioner himself has stated that the first respondent registered a crime as Crime No.231 of 2015 alleging commission of offences punishable under various sections of India Penal Code.

3.

Learned Government Pleader on instructions would submit that the petitioner is the 5th accused in the said crime and he has already applied for anticipatory bail. 4.

Petitioner's case is that he is called over telephone to come to the police station.

5.

Since a crime has already been registered against the petitioner and investigation is going on, the petitioner has to co-operate with the same.

W.P.(C) No.14529 of 2015 -: 2 :- Under such circumstances, we do not find any police harassment in the present case. Hence, this writ petition is dismissed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt