IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 18251 of 2010(F) ------------------------------------ PETITIONER(S): ---------------------- ADERSH G., SON OF N.GOPALAKRISHNAN, AMBADY HOUSE, VAKKANAD P.O., KUZHIMATHICADU, KOLLAM-9. BY ADV. SRI.ALAN PAPALI SRI.N.N.ARUN BECHU RESPONDENT(S): ------------------------ 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, EZHUKONE POLICE STATION, KOLLAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, EZHUKONE, KOLLAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.18251 of 2010-F ---------------------------------------------- Dated, this the Ist day of July, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court complaining harassment by respondents 2 and 3 police officers. 2. The prayers sought in the writ petition are as follows: “i. to issue a writ of mandamus or any other writ, order or direction restraining respondents 2 and 3 from harassing and threatening the petitioner stating that the petitioner is the 12th accused in Crime No.423 of 2009 of Ezhukone Police Station, which after investigation has ended up in a Final Report taken on file by the Judicial Magistrate of the Ist Class-I, Kottarakkara as C.P.No.45/2010. ii. to declare that the petitioner is not the 12th accused in the Final Report filed by the Ezhukone Police in Crime No.423/2009 pending on the file of the Judicial Magistrate of the Ist Class-I Kottarakkara as C.P.No.45/2010.” 3. Briefly put, the case of the petitioner is as follows: Petitioner is residing in the address shown in the writ petition and is running a stationery shop for the last ten years. Petitioner opens his shop at 7 a.m and closes by around 10 p.m. He has not so far been involved in any criminal cases. WPC 18251/2010 -2- On 10.5.2010, on instructions of the 3rd respondent a policeman came to the petitioner's shop and told the petitioner that the petitioner is accused in Crime No.423/2009 of Ezhukone Police Station. According to the petitioner, the summons is addressed to the 12th accused who is one Kannan residing at Krishna Mandiram near Surabhi Auditorium, Nedumankavu Muri, Karipra Village. Petitioner told the policeman that the name and address shown in the summons is not that of the petitioner and petitioner has no connection with any case. According to the petitioner, the policemen of the Ezhukone Police Station is harassing and threatening him stating that he is the 12th accused and he has to accept the summons issued to the 12th accused. Petitioner preferred Ext.P1 petition before Superintendent of Police, Kollam. 4. Petitioner has also filed Ext.P7 which is an affidavit sworn by the defacto complainant wherein it is stated that the deponent of the affidavit knows Sri.Adersh namely the petitioner for a very long time and if he was involved in the incident he would have definitely stated his name at the time of investigation. He also stated that the petitioner was not involved in the incident and he never told the name of 12th WPC 18251/2010 -3- accused as Kannan. 5. Learned Government Pleader was asked to get instructions on this affidavit. Learned Government Pleader would submit that apart from the deponent of Ext.P7 affidavit there are some others namely one Manoj and Binu and they have given statement. We do not think that this proceeding may be appropriate for rendering a judgment regarding the question relating to the mistaken identity in view of circumstance brought to our notice. In our view, it is for the petitioner to work out his remedies before the appropriate forum and establish his case. Without prejudice to the rights of the petitioner available in law and making it clear that we have not pronounced on the question relating to the case of mistaken identity, we dispose of the writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS