IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 6101 of 2010(K) ------------------------------------- PETITIONER(S): ---------------------- IBRAHIMKUTTY, AGED 33 YEARS, S/O.KUNJAHAMMED HAJI,PUZHAKKOOL(H),NEAR TO:KRIPA NURSING HOME,KALPETTA,WAYANAD. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF HOME, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KALPETTA,WAYANAD DISTRICT. 3. THE SUB INSPECTOR OF POLICE,KALPETTA POLICE STATION,WAYANAD DISTRICT. BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.6101 of 2010-K ---------------------------------------------- Dated, this the 11th day of March, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i. to issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent to conduct an inquiry and to take action against the police personnel for illegally detaining the petitioner for three days in police custody. ii. to issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent to afford sufficient police protection to petitioner's family from the threat of police personnel. iii. To issue a writ of mandamus or any other appropriate writ or order directing Ist respondent to award compensation to petitioner for his illegal detention for three days in police custody.” 2. Briefly put, the case of the petitioner is as follows:-- Petitioner is an autorikshaw driver by profession. On 9.8.2009 when he was coming back to native place from Kannur, the Sub Inspector of Police, Kambalakkad Police WPC 6101/2010 -2- Station in Wayanadu District intercepted his vehicle and he was taken to the police station and brutally manhandled and tortured in police lock up. Petitioner filed complaint and there was no positive response. Thereafter, petitioner filed a private complaint and the Magistrate has taken cognizance as C.C.No.16/2010. There is further allegation raised against the police officer. It is stated that petitioner filed Ext.P1 complaint. It is also stated that petitioner's wife has filed Ext.P2 complaint. Ext.P3 is a petition filed under the Right to Information Act. It is stated in Ext.P4 reply that the petitioner was detained at the instruction of higher officers. 3. A statement has been filed by the 3rd respondent wherein it is inter alia stated that the petitioner is accused in several criminal cases in various police stations. It is also stated that he has been convicted in Crime No.158/98 and that he married three women and that his first wife committed suicide. It is also stated that his second wife also lodged a complaint. Other allegations are also raised. 4. We heard the learned counsel for the petitioner and learned Government Pleader. Learned Government WPC 6101/2010 -3- Pleader submits that the Circle Inspector of Police, Meenangadi and Kalpetta had conducted enquiry in the complaint filed by the petitioner and found that all the allegations levelled against the police personnel are false. In view of the order we propose to pass we do not deem it necessary to go into the other allegations. The writ petition is disposed of directing the 2nd respondent to give a copy of the report of investigation conducted in the complaint filed by the petitioner before the 2nd respondent to the petitioner within one week from the date of production of a copy of this judgment. We leave it open to the petitioner to pursue his remedies in any other forum. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS