IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Crl.MC.No. 2504 of 2008() ------------------------- COMPLAINT NO.163/SOP+N/08D1 OF MUVATTUPUZHA POLICE STATION PETITIONER: ACCUSED: -------------------- 1. R.SREEDHARAN, AGED 72 YEARS, S/O.RAMAN, R/AT BRITE HOUSE, KACHERITHAZHAM, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. AJEESH S.BRITE, ADVOCATE, AGED 30 YEARS, S/O.R.SREEDHARAN, R/AT BRITE HOUSE, KACHERITHAZHAM, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS: COMPLAINANTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA. 4. SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2504 of 2008 ---------------------------------------- Dated this the 7th day of July 2008 O R D E R The grievance of the first petitioner is that though the first petitioner had submitted Annexure 1 complaint raising allegations about the activities that go on in the name of a club situated adjacent to his residential building, no action has been taken by the police on the basis of Annexure A1; but in turn the petitioners - father and son are being harassed by unnecessary action against them. Only to vex and harass him Annexure A3 notice has been issued against the petitioners by the fourth respondent, it is submitted. It is further submitted that the excise officials have also initiated absolutely unworthy proceedings against the petitioner by Annexure A2. All this has taken place only because the first petitioner has complained about the activities of the club which is situated adjacent to his house. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor now submits that the petitioners arenot required for any purpose of the police station. He need Crl.M.C.No.2504/08 2 not now appear in pursuance of Annexure A3. The learned Public Prosecutor submits that proper instruction has been given to the police official to not in any way harass the petitioners and cause any difficulties to them for the reason that the first petitioner has submitted Annexure A1 complaint before the police. 3. I accept the submissions of the learned Public Prosecutor. Accepting the said submissions of the learned Public Prosecutor, I do not proceed further with this Crl.M.C. 4. This Crl.M.C is accordingly dismissed expressing very clearly that if the petitioners are in any way harassed by the police, their option of coming before this court to complain about such action shall remain. Hand over copy of this order to the learned Public Prosecutor. (R.BASANT, JUDGE) jsr Crl.M.C.No.2504/08 3 Crl.M.C.No.2504/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007