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. 32606 of 2010(A) -------------------------------------- PETITIONER(S): ---------------------- SAJI KUMAR, S/O. JANARDHANAN, BRAHMAKKONAM VEEDU, PAZHAYA UCHAKADA, UCHAKKADA P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.ANIL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY (HOME), GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM (RURAL), THIRUVANANTHAPURAM-695 001. 4. MR. SURESH KUMAR, CIRCLE INSPECTOR OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM, POOVAR P.O., 695 525. 5. MR. RATHEESH, SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM, POOVAR P.O., 695 525. 6. MR. PRADEEP, ASST. SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM. POOVAR P.O., 695 525. R1 TO R3 BY GOVT. PLEADER MR.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: rs K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.32606 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) to issue a writ of mandamus or other appropriate writ, order or direction to the 1st and 2nd respondents to initiate departmental as well as criminal proceedings against the 4th, 5th and 6th respondents in pursuance of the complaint in Exhibit P-1 representation; ii) to issue any appropriate writ, order or direction to the 1st respondent to award an amount deemed fit by this Hon'ble Court, as compensation to the petitioner; 2. In the statement filed by the 5th respondent, it is inter alia stated that despite signal given by the police party to stop the lorry which was being driven by the petitioner, it was not stopped. Then the police party followed the lorry and suddenly the petitioner jumped out of the lorry. Only reasonable force is used by the police to apprehend the petitioner. It is also stated W.P.C.No.32606 of 2010 2 that the petitioner lodged Ext.P1 complaint against him and the Circle Inspector of Police staking some false allegations. Now, the Deputy Superintendent of Police, Special Team, Police Head Quarters is conducting the enquiry as ordered by the Director General of Police. The allegation of torture is denied. The learned Government Pleader submits that the enquiry shall be completed within a period of four months and the petitioner shall be informed of the result of the enquiry. 3. Recording the submissions in the statement and the submission of the learned Government Pleader, this writ petition is disposed of. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.32606 of 2010 3 W.P.C.No.32606 of 2010 4 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010