IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 9461 of 2011(G) --------------------------------------- PETITIONER(S): ------------------------ USMAN K, AGED 36 YEARS, S/O.MOHAMMED MUSALIYAR, KALARITHODI VEEDU, PERIYA VILLAGE, MULLAL, WAYANAD DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI, SMT.C.G.PREETHA, SRI.ARJUN SREEDHAR, SRI.ARUN KRISHNA DHAN, SRI.JOSEPH GEORGE(MULLAKKARIYIL), SRI.K.RATHISH KUMAR. RESPONDENT(S): ------------------------- 1. MUBARAK MASTER, GOVERNMENT BOYS HIGH SCHOOL, VANDOOR, MALAPPURAM- 679 328. 2. ANEISH P, EDITOR, INTERLOCK MAGAZINE, NEAR MALABAR CHRISTIAN COLLEGE, KOZHIKODE, PIN- 673 004. 3. SIRAJUDDEEN, S/O.ABDUL LATHEEF, CHERUTTUPARAMBIL HOUSE, VANDOOR P.O., MALAPPURAM- 679 328. 4. ANEESH BABU, S/O.BEERANKUTTY, KATTATHODIKA HOUSE, NEAR GOPIKA THEATRE, VANDOOR, MALAPPURAM- 679 328. 5. CHEMBAN ABDU RAHIMAN S/O.ABDUL NIZAR, KOKKADAN KUNNU, VANDOOR, MALAPPURAM- 679 328. WP(C).No. 9461 of 2011(G) 6. KHADEEJA T.P, W/O.MOOSA, THARAMMAL PARAMBIL HOUSE, VETTICHIRA, PUNNATHALA, VALANCHERRY (VIA), MALAPPURAM, PIN- 676 552. 7. CIRCLE INSPECTOR OF POLICE NAGARAM POLICE STATION, KOZHIKODE, PIN- 673 011. 8. SUB INSPECTOR OF POLICE NAGARAM POLICE STATION, KOZHIKODE, PIN- 673 011. R7 & R8 BY GOVT. PLEADER MR.T.K. VIPINDAS. R1 TO R3 BY ADV. SRI.P.SAMSUDIN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9461 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE ISSUED BY THE OPEN INTERNATIONAL UNIVERSITY FOR COMPLEMENTARY MEDICINES AND MEDICINA ALTERNATIVA. EXT.P2: COPY OF THE CERTIFICATE ISSUED BY THE INDIAN BOARD OF COMPLEMENTARY MEDICINES SYSTEMS. EXT.P3: COPY OF THE FIR IN CRIME NO.651/2010 OF KOZHIKODE TOWN POLICE STATION. EXT.P4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 23/10/2010 BEFORE THE TRADE MARK REGISTRY, CHENNAI. EXT.P5: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 25/03/2009 BEFORE THE TRADE MARK REGISTRY, CHENNAI. EXT.P6: COPY OF THE RELEVANT PAGE FROM THE BOOK SWAHIHUL BUKHARI. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.9461 of 2011 ------------------------------------------- Dated this the 4th April, 2011 JUDGMENT Basant, J. The petitioner has come to this Court complaining about harassment by the police. He prays that directions under Article 226 may be issued to abate such harassment against him from the police. 2. According to the petitioner, he is a Sunni leader. He has capacity for healing. Respondents 1 to 5 are envious of his capability and the influence which he wields with his followers. They are making false allegations against him. They have prevailed upon the sixth respondent, a woman, to make false allegations against the petitioner. The influential respondents 1 to 6 have prevailed upon respondents 7 and 8, police officials and respondents 7 and 8, succumbing such influence, are unnecessarily vexing and harassing the petitioner. This may be stopped. This is the short request. 3. All respondents have been served. Respondents 1 WPC No.9461/2011 2 to 3 have entered appearance. The learned counsel for respondents 1 to 3 submits that the petitioner is a person of questionable character. He has misled and cheated many innocent and gullible women like the sixth respondent. He is a threat and menace to the Society. A complaint has been made genuinely by the sixth respondent. Some other women also have similar complaints against the petitioner. To wriggle out of the inconvenient situation in which the petitioner finds himself on account of his unworthy conduct, the petitioner has unnecessarily filed this petition raising false allegations against respondents 1 to 3. The police may be directed to take action in accordance with law against the petitioner. Respondents 1 to 3 have no other interest against the petitioner. They are not responsible for any alleged harassment of the petitioner by respondents 7 and 8. 4. The learned Government Pleader after taking instructions from respondents 7 and 8 submits that a complaint was received from the sixth respondent against the petitioner. The petitioner had allegedly received an amount of Rs.5,000/- fraudulently from the sixth WPC No.9461/2011 3 respondent promising to deliver to her a 'magical Elus' (talisman) with supernatural powers. No 'elas' was delivered to the sixth respondent. On that complaint, crime No.651/2010 was registered at the Nagaram Police Station, Kozhikode. Investigation was conducted. Now investigation is complete. Final report under Sections 406 and 420 IPC has been filed before the Magistrate. 5. It is only in connection with that crime that the police had occasion to search for the petitioner. Steps taken for the proper investigation of a crime cannot be described by the petitioner as amounting to harassment. The petitioner is not entitled to any relief against respondents 7 and 8. It is the duty of the police to take proper steps for the investigation of the crime and that alone has been done by respondents 7 and 8. In these circumstances, no specific directions are necessary. It may be recorded that at the moment, the police does not require the petitioner in connection with any other case. 6. We take note of and record the submissions of the learned Government Pleader on behalf of respondents 7 and 8. We do not find any merit in the grievance that the WPC No.9461/2011 4 petitioner is being subjected to unnecessary harassment by the police. No specific directions are necessary, we are satisfied. 7. This writ petition is in these circumstances dismissed accepting the submissions of the learned Government Pleader on behalf of respondents 7 and 8. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/