IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 13553 of 2011(T) -------------------------- PETITIONER(S): ----------------------- ABDUL SHAHIR, AGED 35 YEARS, S/O. ABDUL KHAYYAM, PUZHANKARAYILLATH HOUSE, MOONUPEEDIKA, THRISSUR DIST. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682011. 2. THE SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, MATHILAKAM THRISSUR, PIN-680 685. R2 BY GOVERNMENT PLEADER SHRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: krj WP(C).No. 13553 of 2011(T) A P P E N D I X PETITIONER'S EXHIBITS:- P1: COPY OF THE MEMO DATED 18.4.2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR. P2: COPY OF THE REPRESENTATION DATED 16-5-2011 BEFORE THE THRISSUR DISTRICT POLICE COMPLAINT AUTHORITY. P3: COPY OF THE RECEIPT DATED 16-5-2011 ISSUED BY THE AUTHORITY. P4: COPY OF THE REPRESENTATION DATED 16-5-2011 BEFORE THE SUB DIVISIONAL MAGISTRATE. P5: COPY OF THE RECEIPT DATED 16-5-2011 ISSUED FROM THE OFFICE OF THE SUB DIVISIONAL MAGISTRAGE P6: COPY OF THE RECEIPT DATED 16-5-2011 ISSUED BY THE SUPERINDENTENT OF POLICE, THRISSUR. A TRUE COPY OF THE RECEIPT DATED 16-5-2011. RESPONDENT'S EXHIBITS:- 'NIL' //TRUE COPY// P.A TO JUDGE R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 13553 of 2011-T ------------------------------------------------- Dated this the 23rd day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court complaining about harassment by the police and seeking directions under Art.226 of the Constitution to put an end to such an undeserved harassment. 2. According to the petitioner, he owes allegiance to the Left Democratic Front which is in the opposition in the State now. The 2nd respondent has animus against the petitioner and he had sworn that he shall take action against the petitioner when the climate is opportune. It is the grievance of the petitioner that since the L.D.F. has ceased to be in power and another political out fit has come into the power, the 2nd respondent is using the opportunity to vex and harass the petitioner. A Crime No.371/11 of Mathilakam Police Station, inter alia, under Secs.506(i) and 427 read with Sec.34 IPC was registered and the petitioner was falsely arrayed as an accused in that crime. The petitioner surrendered before the learned W.P.(C) No. 13553 of 2011 -: 2 :- Magistrate and was released on bail. The 2nd respondent, who did not hence get an effective opportunity to vex and harass the petitioner on the basis of that crime, is now attempting to harass the petitioner. It is, in these circumstances, that the petitioner came to this Court seeking directions under Art.226 of the Constitution. 3. The learned Government Pleader has entered appearance for respondents 1 and 2. The learned Government Pleader submits that action has been taken by the police strictly in accordance with law. Crime Nos.371/11 has been registered and action in accordance with law alone was taken in that crime. Subsequently a later crime has been registered as Crime No.497/11 under Sec.107 Cr.P.P.C. and action is being taken against the petitioner herein strictly in accordance with law. The learned Government Pleader, on behalf of respondents 1 and 2, submits that legal action initiated against the petitioner in Crime Nos.371 and 497/11 of Mathilakam Police Station cannot, by any stretch of imagination, be described or reckoned as harassment by the police. If the petitioner has any grievance against such action initiated in accordance with law by the police, the petitioner would be well advised to seek remedy in accordance with law from courts of law - to get the FIR and W.P.(C) No. 13553 of 2011 -: 3 :- further proceedings quashed. At any rate, the learned Government Pleader undertakes that there shall be no action whatsoever on the part of the 2nd respondent against the petitioner except the legal action in the two crimes registered. These submissions may be accepted and proceedings may be discontinued, submits the learned Government Pleader. 4. We do not want to express any opinion on the tenability of the action initiated in Crime Nos.371/11 or 497/11. If the petitioner has any grievance that such proceedings initiated against him is not justified, it is upto him to seek appropriate relief from courts. For the moment, we record the submission of the learned Government Pleader that no action whatsoever shall be taken against the petitioner as of now except in accordance with law in the two crimes referred above. 5. Recording that submission of the learned Government Pleader, this writ petition is dismissed. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge