IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 21776 of 2011(V) ------------------------------------ PETITIONER(S): ------------------------ A.KUPPU AGED 52 YEARS, S/O.ALAGAR, 86/E/3, PERIYAR VIHAR AMBALAPADY N.A.D.P.O., ALUVA. BY ADV. SRI.JOY C. PAUL DR.ABRAHAM P.MEACHINKARA SRI.K.S.ARUNDAS RESPONDENT(S): ------------------------ 1. COMMISSIONER OF POLICE (KOCHI CITY) CITY POLICE COMMISSIONER OFFICE, ERNAKULAM 682 031. 2. SUB-INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASERY, ERNAKULAM 683 104. 3. RAPHEL BRUNO, DOOR NO.85/8, PERIYAR VIHAR AMBALAPADY N.A.D.P.O., ALUVA 683 101. R1 & R2 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.21776/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRSENTATION MADE BEFORE THE IST RESPONDENT AND 2ND RESPONDENT DTD. 8.8.11. P1(a):- POSTAL RECEIPTS OF REPRESENTATION DTD. 8.8.2011 AND 9.8.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.21776 of 2011 ------------------------------- Dated this the 18th day of August, 2011. J U D G M E N T C.K.ABDUL REHIM, J. This writ petition is filed seeking direction against the 2nd respondent to restrain him from interfering with the affairs of the petitioner and from summoning the petitioner to the police station. Interalia it is prayed for a direction to restrain the 2nd respondent from causing any unnecessary threat to the family members of the petitioner. 2. It is stated that the petitioner's son is at present at Ramanathapuram in Tamilnadu State. The petitioner came to know that his son went away along with the daughter of 3rd respondent. The allegation of the petitioner is that on the basis of the above situation, pursuant to a criminal case registered by the 2nd respondent as Crime No.1523 of 2011 for person missing, the 2nd respondent is causing harassment to the petitioner. It is contended that the petitioner is totally innocent and he is not responsible for 2 W.P.(C) No.21776 of 2011 the missing of the daughter of the 3rd respondent. 3. When the writ petition came up for admission, we directed the Government Pleader to seek instructions from the 2nd respondent regarding the correctness of the accusations made. Smt.C.M.Charisma, learned Government Pleader, on the basis of instructions received from the 2nd respondent submitted that, the petitioner was called to the police station only in connection with enquiry of the Crime No.1523 of 2011. It is further submitted that the 2nd respondent came to know that, the daughter of the 3rd respondent is now residing with the petitioner's son in Tamilnadu State in the house of one of the relatives of the petitioner. Learned counsel for the petitioner submitted that recently the petitioner's son got married with the daughter of the 3rd respondent. However, learned Government Pleader submitted that the petitioner had promised to bring the daughter of the 3rd respondent, but he failed to ensure appearance of his son or the daughter of the 3rd respondent. It is further submitted that the petitioner may be cited as a 3 W.P.(C) No.21776 of 2011 witness in the case and in that regard his presence may be required for recording statement and for other purposes. 4. Considering the above factual situation, we are of the opinion that if the presence of the petitioner is required for the purpose of investigation of the above said criminal case, the respondent should issue notice as contemplated under Section 160 of Cr.P.C. In view of the submission made on behalf of the 2nd respondent, we notice that no sort of harassment or threat will be caused against the petitioner or his family members. However, the 2nd respondent will be free to conduct investigation of the criminal case registered. The writ petition is disposed of with the above observations. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/