IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 16632 of 2008(E) -------------------------- PETITIONER: ------------- HAJIRA ABDU KUNJU, W/O. OF ABDUKUNJU, AGED 64, THEENATHU VEEDU, ELOOR EAST, UDYOGAMANDAL, ERNAKULAM DISTRICT BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 2. CIRCLE INSPECTOR OF POLICE, KALAMASSERY CIRCLE, ERNAKULAM. 3. SRI. MOHANLAL, SUB INSPECTOR OF POLICE ELOOR POLICE STATION, ERNAKULAM. ADDL.R4 & R5 R4. PAKKAR ABOOBACKER, S/O ABOOBAKER, MADAPPAT HOUSE,VIII/237, ELOOR GRAMA PANCHAYATH, ELOOR KIZHAKKUMBAGHAM, UDYOGAMANDAL P.O., ERNAKULAM DISTRICT. R5. ZAKIR YOUSUF, MADAPPAT HOUSE, VIII/234, ERLOOR GRAMA PANCHAYATHA, ELOOR KIZHAKKUMBAGHAM, UDYOGAMANDAL, ERNAKULAM DISTRICT. (IMPLEADED AS PER ORDER ON I.A.No.7220/08 DATED 12.6.08. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 &R2 ADV.SRI.ANTONY V. PAUL FOR R3 SRI.T.H.ABDUL AZEEZ FOR R4-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.16632/08 PETITIONER'S EXTS: EXT.P1: TRUE PHOTOCOPY OF THE PETITION DATED 12.5.08. EXT.P2: TRUE PHOTOCOPY OF PETITION SUBMITTED BEFORE THE HUMAN RIGHTS COMMISSION, DATED 25.4.08. RESPONDENTS' EXT: EXT.R3(A): TRUE COPY OF THE FIR. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.16632 OF 2008 E ----------------------------------------------------- DATED THIS THE 9th DAY OF DECEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court, seeking the following reliefs: i) Call for the records pertaining to the steps taken by the respondents 1 and 2 on Exhibit P1 immediately; (ii) Issue a writ of mandamus, any other writ, order or direction, directing the respondents 1 and 2 to take action on Exhibit P1 in accordance with Kerala Police Departmental Inquiries Punishment and Appeal Rules, 1958, within a time frame manner. Exhibit P1 is a complaint filed by the petitioner before the Director General of Police, Thiruvananthapuram, making certain allegations against the 3rd respondent, the Sub Inspector of Police. As per that complaint, the petitioner and her family W.P.(C)No.16632/08 -2- members were arrested on 15.4.2008, by use of force from her house, defying the order of the civil court. 2. The 3rd respondent has filed a counter affidavit. According to him, the petitioner along with her family members trespassed into the property in the possession of respondents 4 and 5 and by use of force evicted the said respondents from a building in that property. On receipt of a complaint from the said persons, Crime No.286/08 was registered on 15.4.2008 for the offences punishable under sections 448, 323 and 34 of Indian Penal Code and the petitioner and her family members, who were the accused in that crime, were arrested and released on bail on the same day by 7 PM. 3. If the petitioner and her family members who are accused in a crime are arrested, the same cannot be described as a harassment. The petitioner submits, the crime has been registered falsely, though, the party respondents would fully support the case of the 3rd respondent. 4. Having regard to the nature of the disputed question involved in this case, we feel that it is not proper for us to issue any direction to the first respondent, as prayed for by the W.P.(C)No.16632/08 -3- petitioner. If she is aggrieved by the registration of the crime and arrest, she may work out the ordinary remedies available to her under law by approaching the competent civil court or criminal court. Accordingly, the Writ Petition is dismissed, without prejudice to the contentions of the petitioner and her right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn