IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 31358 of 2010(T) -------------------------------------- PETITIONER(S): ---------------------- ABBAS, S/O.MOIDEEN KOYA, VADAKKEMANNINGAL, POOVATHIKKAL, AREACODE, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ------------------------ 1. THE CITY COMMISSIONER OF POLICE, KOZHIKODE CITY. 2. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER SRI.ALEX M.THOMBRA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.31358 of 2010-T ---------------------------------------------- Dated, this the 19th day of October, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief: “ to issue a writ of mandamus or any other appropriate writs, orders or directions commanding the second respondent not to harass the petitioner without any reason.” 2. Briefly put, the case of the petitioner is as follows: One Faizal is a distant relative of of the petitioner. He had a suspicion that petitioner is having illicit relationship with his wife. On one or two occasions there was a verbal altercation between the petitioner and Faizal on this. The said Faizal is making threat to the petitioner by saying that he will be implicated in false crimes by influencing the police by incorporating grave offences. Petitioner is called by the 2nd respondent in his mobile number asking him to come to the Medical College Police Station in connection with investigation of some crime. Petitioner is not so far involved in any crime and petitioner understands that in view of the WPC 31358/2010 -2- incessant threats at the hands of Faizal if the petitioner appears before the police, he will be implicated in crimes by planting even contrabands. 3. Learned Government Pleader, on instructions, submits that a written complaint is received from one Faizal wherein it is said that the petitioner has sent obscene SMS to the wife of the complainant. Petitioner was summoned to the police station. Petitioner did not turn up. We dispose of the writ petition as follows: It is open to the respondents to register a crime and proceed against the petitioner in accordance with law. We direct that the petitioner shall not be harassed otherwise by the respondents. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS