IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 30928 of 2010(M) -------------------------------------- PETITIONER(S): --------------------- 1. ISSAC, AGED 58 YEARS, S/O ITHAK, MUNDASSERIYIL HOUSE, KOZHIMALA P.O., PAMBADIKUZHI, IDUKKI. 2. MARIAMMA ISSAC, W/O ISSAC, AGED 52 YEARS MUNDASSERIYIL HOUSE, KOZHIMALA P.O., PAMBADIKUZHI, IDUKKI. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, IDUKKI. 2. THE SUB INSPECTOR OF POLICE, KATTAPPANA. 3. DINU @ KANNAN, AGED 26 YEARS, D/O.ITHAK KUTTAPPAN, KAINATTINGAL HOUSE, KOZHIMALA PO, PAMBADIKUZHI, IDUKKI. R1 & R2 BY ADGP SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------- W.P.(C) No.30928 of 2010-M ---------------------------------------------- Dated, this the 13th day of October, 2010 J U D G M E N T K.M.Joseph, J. Petitioners who are husband and wife have approached this Court seeking the following relief: “to issue a writ of mandamus or any other writ or order or direction, directing the 2nd respondent not to harass the petitioners in any manner and not to summon them to police station except in accordance with the procedure prescribed by law.” 2. Briefly put, the case of the petitioners is as follows: Petitioners belong to Scheduled Tribe Community (Malayarayan Christian). Petitioners' daughter was hospitalized for treatment from 9.9.2010 to 14.9.2010 and petitioners were with her in the hospital. When they reached home after discharge they came to know about the disappearance of their son. Police came to the house of the petitioners stating that a complaint is received from the 3rd respondent. It is stated that the complaint of the 3rd respondent is that the son of the petitioners had illicit relationship with the 3rd respondent and she became pregnant. Police constable directed the petitioners to be present before the 2nd respondent on 22.9.2010. They were again asked to be present with their son. Petitioners submitted complaint WPC 30928/2010 -2- regarding man missing. Petitioners have been abused, it is alleged. 3. Learned Additional Director General of Prosecution, on instructions, would submit that Crime No.887/2010 of Kattappana police station has been registered against the son of the petitioners and that the son is absconding. It is in connection with the enquiry and to trace out petitioners' son that police party went to the residence and also called over the petitioners to the police station. He would further submit that, there will be no harassment of the petitioners and if petitioners are to be called to the station, it will be preceded by notice under Section 160 Cr.P.C. We record the submission of the learned Additional Director General of Prosecution and dispose of the writ petition. We make it clear that, it will be open to the official respondents to investigate the crime in accordance with law. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS