IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 32651 of 2008(K) -------------------------- PETITIONER: --------------- K.K.RAJAGOPAL, AGED 43, S/O.KALIYAPPA GOUNDER, POOKKARANMUKKU, ERNAKULAM, KOCHI-35. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 2. SMT.SUDHA MURUGAN, AGED 35, W/O.LATE MURUGAN, ANJIKKAPARAMBU HOUSE, POOKKARANMUKKU, ERNAKULAM, KOCHI-35. ADDL.R3: COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM. ADDL.R4: DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. (IMPLEADED AS PER ORDER DT.12.11.2008 IN I.A.NO.14409/2008) GOVERNMENT PLEADER, BENJAMIN PAUL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.32651/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF ORDER DT.03.10.2008 PASSED BY SESSIONS COURT IN CRL.M.C.NO.1738/2008. EXT.P2: COPY OF COMPLAINT DT.06.11.2008 GIVEN TO COMMISSIONER OF POLICE, ERNAKULAM & D.G.P. THIRUVANANTAPURAM. RESPONDENT'S EXTS: EXT.R1(a): COMPLAINT OF THE PETITIONER TO THE SUB INSPECTOR OF POLICE. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No. 32651 OF 2008 ---------------------------------------- Dated this the 1st day of December, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court alleging that the 1st respondent is unnecessarily harassing him at the instance of the 2nd respondent. Though the petitioner moved the superior police officers, no effective action was taken, it is submitted. So, he prays for appropriate directions to the 1st respondent not to harass him. 2. The 1st respondent has filed a statement stating that the 2nd respondent has filed Ext.R1(a) complaint alleging that the petitioner received a gold bangle weighing one sovereign from her promising to return it within ten days. The same was never returned. The petitioner tried to compel her to sign some papers and to receive some amount for the value of the gold ornament. Since the 2nd respondent did not agree to the said proposal, she was abused and manhandled. Based on the said complaint, the petitioner was summoned to the police station. But he never appeared, it is submitted. W.P.(C) No.32651/2008 2 3. The petitioner would point out that when he earlier moved the Sessions Court for anticipatory bail, the police did not have any such case. It appears, an undated petition has been received from the 2nd respondent, now to harass him. 4. If a petition in the nature of Ext.R1(a) is received, the police have a duty to enquire into that. The same cannot be described as a harassment from the part of the police officials. But, the police shall proceed against the petitioner only in accordance with law. If his presence is required and no crime is registered against him, notice may be issued to him under Section 160 Cr.P.C. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps