IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37581 of 2010(W) ------------------------------------------------ PETITIONER(S): --------------------- L.A.XAVIER D'CRUZ, S/O.M.LINUS D'CRUZ, ETHALEAN HOUSE,TC 44/613,VALIYATHURA, VALLAKKADAVU PO, TRIVANDRUM. BY ADV. SRI.C.K.MOHANAN RESPONDENT(S): ----------------------- 1. DIRECTOR GENERAL OF POLICE, (LAW & ORDER)POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. ASSISTANT COMMISSIONER OF POLICE, SANKUMUGHAM, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, POONITHURA POLICE STATION,THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI ALEX M. THOMBRA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO.37581 OF 2010 W ------------------------------------------ Dated this the 20th December, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court complaining of harassment by police and the prayer sought is as follows: "Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 4 not to harass the petitioner further upon the alleged police complaint of one Babu Rajan, which was the subject matter in B.A. No.4210 of 2005, which was disposed of recording the submission of the Police Officials." 2. Briefly put, the case of the petitioner is as follows: Petitioner is a Congress leader. In 2005, he filed OS.No.320 of 2005 before the Sub Court, Trivandrum praying to restrain the nomination of one Ramesh Chennithala as the KPCC President. W.P.(C).NO.37581/2010 W 2 He wanted a democratically elected President for the Congress in the State. Enraged by his action, the Congress Leadership of the State instigated one Babu Rajan to file a totally false complaint against the petitioner. Apprehending arrest, he filed a Bail Application before this Court. Ext.P1 is the interim order and Ext.P2 is the final order. Petitioner is a senior citizen. It is alleged that he is being hunted by the respondents and he is unable to undergo medical treatment. 3. In ExtP1, a learned Single Judge of this Court had directed that the petitioner shall make himself available for interrogation before the S.H.O., Valiyathura Police Station between 10 AM and 1 PM on 13.7.2005/14.7.2005. If after questioning the petitioner, a crime were registered and if he were arrested prior to the next date of posting, he shall be released on conditions. There were further directions also. In Ext.P2, the final order was passed which reads as under: W.P.(C).NO.37581/2010 W 3 "When this petition came up for hearing, the learned Public Prosecutor submits that the petitioner has complied with the directions issued by this Court on 5.7.2005. He has already been interrogated. The police takes the stand that the petitioner need not be arrested and shall not be arrested. The submissions of the learned Public Prosecutor are taken note of and recorded. This Petition is in these circumstances dismissed as agreed." 4. We heard the learned counsel for the petitioner and also the learned Government Pleader. Learned Government Pleader was asked to get instructions. He submits that there was a case under Section 138 of the Negotiable Instruments Act against the petitioner and there was a warrant pending and the petitioner actually surrendered on 17.12.2010. The petitioner joins issue. We got a Report through the Registry. Therein, it is stated as follows: W.P.(C).NO.37581/2010 W 4 "As directed, contacted the Court of Judicial First Class Magistrate-V, Thiruvananthapuram. The Junior Superintendent informed that there was an arrest warrant issued against the accused in S.T. No.199/09, a case under Section 138 of the N.I. Act (Petitioner in the Writ Petition). That case was advanced to 17.12.2010 and settled on the same date and the accused was acquitted under Section 257 Cr. PC. The Junior Superintendent further informed that the warrant has been recalled on the acquittal of the accused in S.T. No.199/09. The Sub Inspector, Valiathura Police Station also informed over phone that the A.S.I., Valiathura Police Station went to the residence of the petitioner to execute the warrant in S.T. No.199/09, which has now been recalled and not for the purpose of any other case." 5. Learned Government Pleader would submit that the petitioner has not been called by the police in connection with the case which was the subject matter of Ext.P1 and that he will not be called or harassed in connection with the said case filed by Shri W.P.(C).NO.37581/2010 W 5 Babu Raj. We record the submission that the petitioner will not be harassed by the police in connection with the matter which is covered by Exts.P1 and P2 and close the Writ Petition. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True Copy// PS to Judge