IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 33587 of 2011(W) -------------------------- PETITIONER(S): --------------- HASSAN, AGED 48 YEARS, S/O.KUNHEEN, KUNDANI HOUSE, KAIMALASSERY, TRIPANGODE POST, TIRUR TALUK, PIN-676108. BY ADV. SRI.BLAZE K.JOSE SMT.N.DEEPA RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, TIRUR, MALAPPURAM DISTRICT, PIN-676101. 2. CIRCLE INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT, PIN-676101. 3. SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT, PIN-676101. 4. THALSEEM, S/O.ABDUL VAHEED, LAILA MANZIL, CHITHARA, MALLIKKAVU, KADAKKAL, KOLLAM, PIN-691559. BY GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.33587 of 2011 -------------------------------------------------- Dated this the 23rd day of December, 2011 J U D G M E N T Pius C. Kuriakose, J This writ petition under Article 226 has been filed by the petitioner alleging that without any justifiable cause at the instance of the 4th respondent he is being harassed by respondents 1 to 3 police officers. According to him there was some monetary transaction between one Abdul Latheef and the 4th respondent. Certain disputes arose out of those transactions and one Mohammed Kutty, who is the relative of the petitioner intervened in the dispute as a mediator. The petitioner alleges that he is being summoned to the police station every now and then and requested to issue signed blank papers and cheques lest crime should be registered against the petitioner. According to the petitioner he is a poor driver and he did not have any monetary transaction with Abdul Latheef. He submits that even his relative Sri.Mohammed Kutty intervened in this dispute only as a mediator. According to him insistence of the police that he should go to the police station and execute documents, amounts to sheer harassment. 2. Eventhough the State Attorney took notice and was given W.P(C) No.33587 of 2011 2 time to seek instructions, the State Attorney has not been able to obtain instructions so far. On the basis of the averments in the writ petition and the submissions addressed at the Bar, we feel that relief to a certain extent can be granted to the petitioner in the following terms: i) If the petitioner is not made an accused in any crime registered by the Tirur Police, the petitioner will not be called every now and then to the police station under the guise of investigating into crimes if any registered against Sri.Mohammed Kutty or Abdul Latheef or for that matter anybody else. ii) If the attendance of the petitioner is required by the Tirur Police in connection with investigation of any crimes registered by the police were somebody else is the accused or in connection with any enquiry to be conducted into any complaint registered against the 4th respondent, the respondents 2 and 3 as the case may be, will issue notice to him under Section 160 of the Code of Criminal Procedure, sufficiently early so that his daily work as a driver will not be unduly and unnecessarily affected. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab W.P(C) No.33587 of 2011 3