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 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 33532 of 2010(N) -------------------------- PETITIONER : ------------------ VIMALAN, S/O. PADMANABHAN, AGED 43, THACHERIPARAMBU, THYCOODAM, DEEPAM LANE, VYTTILA P.O., ERNAKULAM. BY ADVS. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENT(S): ------------------------- 1. RAJEE, WOMEN CONSTABLE, NEDUMPASSERY POLICE STATION, NEDUMPASSERY, ERNAKULAM – 683 585. 2. BABU, CONSTABLE (WRITER), PANANGADU POLICE STATION, PANANGADU.P.O., ERNAKULAM - 680665. 3. CITY POLICE COMMISSIONER, ERNAKULAM - 31. 4. SUPERINTENDENT OF POLICE, RURAL, ALWAYE – 683 101. 5. INSPECTOR GENERAL OF POLICE (HQ) HEAD QUARTERS, TRIVANDRUM – 695 001. 6. DIRECTOR GENERAL OF POLICE (D.G.P) VELLAYAMBALAM, TRIVANDRUM – 695 001. 7. STATE OF KERALA, REP. BY ITS SECRETARY TO HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM – 695 001. 8. SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, PANANGAD, ERNAKULAM – 680 665. R3 TO R8 BY GOVT. PLEADER SRI. ALEX M. THOMBRA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.33532 of 2010 ---------------------------------------- Dated this the 11th day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) Issue a writ of mandamus or any other appropriate writs, directions or orders commanding the respondents 3 to 7 to enquire into the petitioner's Ext.P3 and P5 complaints and make appropriate proceedings against respondents 1, 2 and 8. ii) Issue a writ of mandamus or any other appropriate writs, directions or orders commanding respondents 3 to 7 to take appropriate proceedings preventing further harassment from the part of respondents 1, 2 and 8. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is an autorickshaw driver. He alleges that he is ill treated by respondents 1 and 2 who are police constables and the 8th respondent who is the Sub Inspector of W.P.C.No.33532 of 2010 2 Police. The petitioner has filed Exts.P3 and P5 complaints to the Inspector General of Police. 4. The learned Government Pleader, on instructions, submits that there is misbehaviour on the part of the petitioner and the 1st respondent has filed a complaint. The learned Government Pleader further would submit that a crime has been registered as Crime No.1840/2010 of Panangadu police station under Sections 341, 294(b) and 354 I.P.C. He would submit that there will be no harassment of the petitioner as such. Only lawful investigation will be done. He would further submit that on the complaint by the petitioner, the Commissioner has ordered an enquiry by the Circle Inspector of Police, Ernakulam South. He would submit that the enquiry will be completed within a period of ten weeks from today. 5. We record the submissions and dispose of the writ petition. We further direct that the result of the enquiry by the Circle Inspector of Police shall be communicated to the petitioner within a period of one week from the date of completion of the enquiry. We also make it clear that it will be without prejudice to the right of the petitioner to challenge the W.P.C.No.33532 of 2010 3 registration of the crime against him before the appropriate forum. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.33532 of 2010 4 W.P.C.No.33532 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010