Suresh v. The 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 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 29004 of 2015 (A) ---------------------------- PETITIONER:

------------------- SURESH, S/O.PERACHAN, AGED 42 YEARS, RESIDING AT KAVUMPURATH, KOORIPARAMBU, KATTIPARUTHY VILLAGE, THOZHUVANOOR AMSOM AND DESOM, TIRUR TALUK, MALAPPURAM - 676 552. BY ADVS.SRI.NIRMAL V NAIR SRI.ANEESH JOSEPH SRI.RILGIN V.GEORGE RESPONDENT(S):

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

1. THE DISTRICT POLICE CHIEF, MALAPPURAM DISTRICT, PIN CODE-676 001.

2. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR, MALAPPURAM - 676 101.

3. SRI.VENUGOPAL, WORKING AS THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR, MALAPPURAM - 676 101.

R1 & R2 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 29004 of 2015 (A) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE.

EXT. P2 :

TRUE COPY OF THE SALE AGREEMENT DATED 1.2.2013 ALONGWITH ITS ENGLISH TRANSLATION.

RESPONDENTS' EXHIBITS:

NIL.

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

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

* * * * * * * * * * * * * W.P.C.No.29004 of 2015 ---------------------------------------- Dated this the 25th day of September 2015

J U D G M E N T

Shaffique, J Petitioner has approached this Court alleging police harassment. It is stated that on the basis of the complaint given by him, crime No.303/2014 was registered at Valancherry police station and later final report has been filed as C.C.No.1451/2014 before the Judicial First Class Magistrate Court-I, Tirur. Crime was with reference to an Innova car, which was misappropriated by Sameer, who is the resident of Thrikandiyoor of Malappuram District. Petitioner submits that the 2nd respondent has been constantly summoning him for settling the aforesaid case. According to the petitioner, he is not interested in settling the case and the police has no reason to force him to settle the matter. This, according to the petitioner, amounts to harassment by the police. Therefore this writ petition is filed. 2.

Learned State Attorney, on instructions, would submit that the police have enquired into the complaint filed by one

Salim alleging that another person by name Mahesh has filed a complaint before the Registering authority stating that vehicle should not be transferred without his consent as certain amount was due to him. Parties were summoned before the 2nd respondent and on getting information that a final report has already been filed with reference to the very same vehicle, the complaint has been closed. It is further submitted by the learned State Attorney that no further action has been taken by the police in this regard.

We take on record the aforesaid submission and close this writ petition.

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