IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23108 of 2010(K) -------------------------------------------------- PETITIONER(S): --------------------- KESAVAN NAIR,AGED 50 YEARS, NADUKUDIYIL HOUSE,DEVARUPARA BHAGAM, POOCHAPRA KARA,VELLIYAMATTOM VILLAGE, IDUKKI-685 588. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE,KARIMANNOOR POLICE STATION,THODUPUZHA(CRIME NO.207/2010) KARIMANNOOR POLICE STATION).685 584. 2. CIRCLE INSPECTOR OF POLICE, KALIAR,THODUPUZHA.685 584. 3. DY.SUPERINTENDENT OF POLICE, THODUPUZHA.685 584. BY GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 23108 OF 2010 K --------------------------------------------------- Dated this the 28th July, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) Issue a writ of mandamus directing respondents 1 to 3 not to harass the petitioner unnecessarily. ii) issue a writ of mandamus directing the first respondent to ascertain the facts from Alisha who took asylum in the house of the petitioner, whether she came on her own volition and to investigate in accordance with law.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is an aged man. It is stated that the mother of one Alisha filed a complaint alleging that she is under the custody of the petitioner's son Anoop. Petitioner's son is aged 26 WPC.23108/2010 K 2 years and is residing along with the petitioner. It is stated that the daughter of the defacto complainant, namely Alisha is aged above sixteen years and she came to the house of the petitioner on 11.07.2010 and alleged that she was brutally manhandled by her mother and she cannot tolerate the harassment from the defacto complainant, namely her mother and that she voluntarily came to the house of the petitioner due to acquaintance with Anoop and she took asylum in the house of the petitioner. It is stated that there is no wrongful or illegal confinement by the petitioner or his son abducted or kidnapped Alisha or committed offence punishable under Section 366(A) of the Indian Penal Code. However, the petitioner is harassed. 3. Learned Government Pleader on instructions submits that a crime has been registered as No.207/2010 against the petitioner's son. He would also submit that there will be no harassment against the petitioner and the police may be left free to investigate the said case. Learned counsel for the petitioner submits that as part of the investigation, the Officer may also WPC.23108/2010 K 3 question Ms. Alisha. We record the submission of the learned Government Pleader and dispose of the Writ Petition. We leave it free to the respondents to investigate the crime in accordance with law. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge