IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23662 of 2011(G) -------------------------------------- PETITIONER(S): ---------------------- RIAZ USMAN, S/O.T.T.P. USMAN, T.C.6/1248, MRA-A 70, MARUTHAMKUZHY P.O. KANJIRAPARA, THIRUVANANTHAPURAM-695 030. BY ADV. SRI.T.M.CHANDRAN, SRI.S.SUJITH. RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, VATTIYURKAVU POLICE STATION, P.O. VATTIYOORKAVU, THIRUVANANTHAPURAM-695 013. 2. SUB INSPECTOR OF POLICE, KAZHAKKOOTTM POLICE STATION, P.O. KAZHAKKOOTTAM, THIRUVANANTHAPURAM-695 582. 3. CIRCLE INSPECTOR OF POLICE, PEROORKADA POLICE STATION, P.O. PEROORKADA, THIRUVANANTHAPURAM-695 005. 4. COMMISSIONER OF POLICE, THYCAUD, THIRUVANANTHAPURAM-695 014. R1 TO R4 BY GOVT. PLEADER SMT.C.M. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 23662 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: NIL. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 23662 of 2011 --------------------------------- Dated this the 2nd day of September, 2011 JUDGMENT Pius C.Kuriakose ,J. This writ petition has been filed by the petitioner accusing the respondent police officers of harassing him. On the basis of the instructions received it was submitted by the Government Pleader that the petitioner is the accused in crime No.2/2005 and investigation of that crime was taken up by the CBI and thereafter local police have never insisted on the attendance of the petitioner. Learned counsel for the petitioner submitted that the CBI submitted a report before the CBI Special Court to the effect that petitioner's name can be deleted from the array of the accused and that the petitioner is not an accused even as per the CBI investigation. We enquired of the learned Government Pleader whether the attendance of the petitioner is required in connection with any crime and the Government Pleader answered in the negative. Government Pleader submitted that the police has never harassed the petitioner. WP(C) .23662/2011 2 2. Under the above circumstances, we dispose of the writ petition directing respondents 1 to 4 to issue notice under section 160 of the Cr.PC. to the petitioner in case his attendance is required in connection with any investigation. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .23662/2011 3