IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 18423 of 2010(C) -------------------------- PETITIONER: --------------- DR.C.A.MOHAN, RUCKUMONI MEMORIAL DEVI HOSPITAL, PONNAMBI, VELLARADA, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENTS: --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. V.V.SAIDU MUHAMMED, S/O.V.S.VEERAN, T.C.4/1525, KOWDIAR PO,THIRUVANANTHAPURAM. G.P. SHRI. T K VIPINDAS FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18423 of 2010 C - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June 2010 JUDGMENT Joseph J., The petitioner has approached this court seeking the following reliefs: i) “Issue a writ of mandamus or any other appropriate writ, order or direction compelling the 1st respondent not to harass the petitioner by compelling him to the present before the 1st respondent or to force him to sign the documents. ii) Issue a writ of mandamus or any other appropriate Writ, order or direction commanding and compelling the 1st respondent to issue the copy of the complaint if any filed against the petitioner and if it is found that the petitioner is to be asked anything in this regard to do that in the Hospital or in the presence of a lawyer.” 2. Learned Government pleader on instructions, submits that the second respondent has filed a complaint to the Chief Minister, who forwarded the same to the S.P. of police and S.P. of police directed the first respondent to enquire the matter. W.P.(C) No. 18423 of 2010 2 3. Learned counsel for the petitioner submits that the petitioner is being harassed. He would submit that if the first respondent comes over to the hospital, the petitioner will co-operate in the matter. We record the said submission. 4. It will be free to the first respondent to continue questioning the petitioner at the hospital. We also leave it open to the first respondent to question the petitioner but by issuing notice under Section 160 of Cr.P.C. before the petitioner is called upon for answering the questions of the first respondent. Needless to say that the first respondent is free to investigate the matter in accordance with law. The Writ petition is disposed of as above. K.M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/