IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 18606 of 2009(U) -------------------------- PETITIONER(S): --------------- JOSE GEORGE, S/O.P.M.GEORGE, KANAKKALIL HOUSE, PUTHUPPALLY VILLAGE, RUBBER BOARD P.O., KOTTAYAM-9. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. COMMISSIONER OF POLICE, COCHIN CITY, ERNAKULAM. 2. C.I. OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, THEVARA, ERNAKULAM. 3. E.J.JOSEPH, ERIC BHAVAN, THAZHATHANGADI, KOTTAYAM. 4. MARY MATHEW, KALATHIL VEEDU, CHERUPARAMBATH 2ND CROSS ROAD, KADAVANTHARA, ERNAKULAM. 5. SHERLY SUSAN CHERIYAN, MOOKKENCHERIL BUNGALOW, MARKET ROAD, TRIPPUNITHURA, ERNAKULAM DISTRICT. 6. B. RAVEENDRANATH, CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No. 18606 of 2009 ------------------------------- Dated this the 9th July, 2009 J U D G M E N T Raman, J. This writ petition is misconceived. The allegation raised in the writ petition is against a police officer stating that the petitioner is being harassed unnecessarily. According to the petitioner, he is a driver attached to one Sri.Jacob. There was an allegation of theft case by the third respondent against the petitioner, where he was working earlier, which according to him was enquired into and found that he was not involved in that case. The case was subsequently transferred to Ernakulam. It is the case of the petitioner that even after proving his innocence, he is being unnecessarily called to the police station, man handled and put in lock up. The allegations, if proved, may even amount to a criminal offence. So, the petitioner is entitled to approach the Magistrate Court for appropriate orders, in case he W.P.(C) No.18606/2009 2 satisfies the court of a prima face case for enquiry. But we are not examining the truth or otherwise of these allegations. 2. The learned Government Pleader appearing on behalf of the police authority would submit that it is true that, on enquiry, it was found, after investigation, that the petitioner was not involved in the criminal case of theft. But he is being asked to appear before the police only as a witness. If that be so, we cannot prevent the police from asking him to appear. Hence, notice may be issued to the petitioner to appear on a specified day and the petitioner will appear on that day. For further relief, if any, the petitioner has to resort to other forums. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.