Biju Paulose v. The Deputy Commissioner 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 WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 WP(C).No. 36161 of 2015 (U) ---------------------------- PETITIONER :

------------------ BIJU PAULOSE, AGED 43 YEARS, S/O. BABY PAULOSE, VILLA NO.19, SKYLINE ROASE MOUNT KUNJAN BAVA ROAD, KOCHI - 682 019.

BY ADVS.SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE SRI.P.SREEKUMAR (THOTTAKKATTUKARA) RESPONDENTS :

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1. THE DEPUTY COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM, PARK AVENUE ROAD, BOAT JETTY, KOCHI - 682 011.

2. THE SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, KADAVANTHRA, KOCHI - 682 020.

3. SRI.BABU T.K. S/O. KOCHUKUNHI, THEKKUMMOOTTIL, KADAMAKUDI - 683 517.

R1 & R2 BY STATE ATTORNEY SRI.P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36161 of 2015 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: - COPY OF FIRST INFORMATION REPORT CRIME NO. 1397/2015 OF THE KADAVNATHRA POLICE STATION P2: - COPY OF COMPLAINT DATED NIL. SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS :

NIL //TRUE COPY// P.A.TO JUDGE bp

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

* * * * * * * * * * * * * W.P.C.No.36161 of 2015 ---------------------------------------- Dated this the 9th day of December 2015

J U D G M E N T

Ashok Bhushan, J 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 there was some altercation on 16/10/2015 with a Traffic Warden while the petitioner and two others were travelling in a vehicle. It is submitted that police has come to petitioner's house and he is being unnecessarily harassed.

3.

The learned Government Pleader, on instructions, would submit that on a complaint submitted by the Traffic Warden, Crime No.1397/2015 has been registered and on the statement of the accused, other passengers in the vehicle have been identified and a report has been submitted by the police to the learned Magistrate for arraying other accused.

W.P.C.No.36161/2015 4.

Learned counsel for the petitioner submits that neither the petitioner has been made an accused nor has he received any summons.

5.

Be that as it may, in view of the facts as noted above, we do not find any element of police harassment in this case. Petitioner is at liberty to take such steps, as permissible under law.

With the above observation, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/09/12/2015