Hilal P.S. v. District Police Chief

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 WP(C).No. 23478 of 2015 (H) ---------------------------- PETITIONER:

------------------- HILAL P.S., AGED 62 YEARS, S/O.MUHAMMED SALIM, T.C 1/1187 (4A) THOPPIL NAGAR, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S):

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

1. THE COMMISSIONER OF POLICE, COMMISSIONARATE OF POLICE, VAZHUTHACAUD, TRIVANDRUM.

2. SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM.

BY SENIOR GOVT. PLEADER SRI.C.R.SYAMKUMR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 23478 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT. P1:

COPY OF THE COMPLAINT.

EXT. P1(A):

TRANSLATION OF EXT.P1.

EXT. P2:

COPY OF THE RECEIPT WITH TRANSLATION.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

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

* * * * * * * * * * * * * W.P.C.No.23478 of 2015 ---------------------------------------- Dated this the 7th day of August 2015

J U D G M E N T

Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned Government Pleader.

2.

This writ petition has been filed alleging police harassment. Petitioner's case is that at the instance of the wife of the landlord of the petitioner, he was called at the police station and was harassed. It is submitted that since the dispute between the petitioner and the landlord is civil in nature, police authorities have no say in the matter.

3.

The learned Government Pleader, after obtaining instructions, submits that, on receipt of a complaint from one Smt.Shylaja, wife of Shahul Hameed, petitioner was called at the police station on 11/07/2015. It is submitted that both complainant and the petitioner was present. Police, on coming to know that there is a dispute between the parties which is of civil nature, the complaint was closed.

4.

The fact that the petitioner was called at the police station once, on the complaint submitted by Smt.Shylaja, cannot be treated to be a case of police harassment. This writ petition is closed.

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