Shiju Joseph v. The City Police Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937 WP(C).No. 22963 of 2015 (U) ---------------------------- PETITIONER :

----------------------- SHIJU JOSEPH, AGED 38 YEARS, S/O.JOSEPH, CHERUMUTTATHU HOUSE, EROOR, NADAMA VILLAGE, THRIPUNITHURA.

BY ADVS.SRI.GEORGE SEBASTIAN SRI.EBY P.PAUL RESPONDENT(S):

----------------------------

1. THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM.

2. MOHAN KUMAR, CIVIL POLICE OFFICER, OFFICE OF THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM.

3. SUNIL KUMAR.C.,S/O.CHANDRASEKHARA PILLA, VIPANCHIKA, THIRUPPA VILLAGE, THIRUVANANTHAPURAM-2.

R1 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 22963 of 2015 (U) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

A TRUE COPY OF THE AGREEMENT DATED 10-10-2014 BETWEEN THE PETITIONER AND THE 3RD RESPONDENT WITH ENGLISH TRANSLATION.

EXHIBIT P2.

A TRUE COPY OF THE RECEIPT DATED 23/7/2015 ISSUED FROM THE OFFICE OF THE CIRCLE INSPECTOR OF POLICE, HILL PALACE POLICE STATION.

RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

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

* * * * * * * * * * * * * W.P.C.No.22963 of 2015 ---------------------------------------- Dated this the 3rd day of August 2015

J U D G M E N T

Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned State Attorney.

2.

Petitioner has filed this writ petition alleging police harassment. This Court had directed on 30/07/2015 to the learned State Attorney to obtain instructions. 3.

The learned State Attorney, after obtaining instructions, submits that, on a complaint submitted by the 3rd respondent, Crime No.991/2015 has been registered against the petitioner with regard to which 2nd respondent is carrying on investigation. In that connection, petitioner was called at the police station.

4.

From the facts as brought before this Court, we are of the view that the present case cannot be said to be a

case of any police harassment. Crime having been registered against the petitioner, calling the petitioner with regard to investigation is not an instance of harassment by the police.

This writ petition is dismissed.

(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr