Rajesh Kumar.R v. Adgp

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 WP(C).No. 24727 of 2015 (M) ---------------------------- PETITIONER:

--------------------- RAJESH KUMAR.R, AGED 30 YEARS, S/O.RAMACHANDRAN PILLAI, MAMPALLI PUTHEN VEEDU, CHERIKKONAM, KANNANALLOR.P.O, KOLLAM.

BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENTS:

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

1. ADGP, CB CID, HEAD QUARTERS, THIRUVANANTHAPURAM-695 001.

2. DEPUTY SUPERINTENDENT OF POLICE, CB CID, INJAKKAL, THIRUVANANTHAPURAM-695 001.

3. SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, POOYAPPALLY-691 009. BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 24727 of 2015 (M) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 TRUE COPY OF THE TREATMENT RECORDS OF THE PETITIONER. RESPONDENT(S)' EXHIBITS:

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

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 24727 of 2015 ================== Dated this, the 19th day of August, 2015

J U D G M E N T

Ashok Bhushan, C.J.

Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

This writ petition is filed by the petitioner alleging police harassment. Petitioner's case is that in the FIR registered as FIR No.482/2014, petitioner is not an accused. However, he has been repeatedly called at the Police Station, which is a harassment.

3.

Learned Government Pleader after obtaining instructions submits that in the investigation it has been revealed that the petitioner is not an accused and only a witness in the case. He submits that under the orders of the State Police Chief, the investigation was transferred to the CBCID and under the orders of the Magistrate, further investigation is being carried on. Petitioner's statement under Sections 161 and 164 of the Cr.P.C.

W.P(C) No.24727/15 -:2:- has been recorded. Police is not harassing the petitioner in any manner.

In view of the aforesaid, we are of the view that this petition cannot be entertained as a petition for police harassment. Therefore, recording the above statement, this writ petition is closed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge