IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 32285 of 2010(I) ------------------------------------ PETITIONER(S): --------------------- JINS.P.THOMAS,AGED 29 YEARS, S/O.P.V.THOMAS,PITTATHANKAL THEKKETHIL, NARIYANANI.P.O,KOPRAKKALAM,PONKUNNAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE,PONKUNNAM POLICE STATION,PONKUNNAM-686 506. 2. RAMESH.L.P,PUTHENKULAM HOUSE, NARIYANANI.P.O,KOPRAKKALAM,PONKUNNAM-686506. R1 BY GOVERNMENT PLEADER SRI.ALEX M.THOMBRA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.32285 of 2010-I ---------------------------------------------- Dated, this the 28th day of October, 2010 J U D G M E N T K.M.Joseph, J. This writ petition is filed complaining of harassment by the police. Briefly put, the case of the petitioner is as follows:The 2nd respondent filed a complaint before the Judicial First Class Magistrate Court, Kanjirappally alleging that petitioner had illegally confined his sister against her wishes and when the 2nd respondent tried to save her by going to the house of the petitioner, the 2nd respondent was threatened by the petitioner and sought for sending the complaint under Sec.156 (3) Cr.P.C. The learned Magistrate did not send the complaint under Sec.156 (3) Cr.P.C and the case was posted to 29.10.2010. The Magistrate sought for the report of the police. It is stated that the Ist respondent directed the petitioner along with his sister to appear at the police station. No crime is registered against the petitioner. The matter is still pending before the Magistrate. There is no authority for the police to direct the petitioner to appear WPC 32285/2010 -2- before him. 2. Learned Government Pleader, on instructions, submits that it is true that no crime has been registered and only on the basis of the direction of the Magistrate an enquiry was conducted and it is found that the whereabouts of the sister of the petitioner is not known. He would submit that police will only act in terms of the directions of the Magistrate. We record the said submission and close the writ petition. As things stands petitioner will not be called to the police station. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS