IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27255 of 2011(F) -------------------------------------- PETITIONERS: --------------------- 1. SODARAN, S/O.KANNAN, 'SREEKRISHNANILAYAM' THAZHAMEL, ANCHAL P.O, KOLLAM DISTRICT. 2. BEENA, W/O.SODARAN, 'SREEKRISHNANILAYAM', THAZHAMEL, ANCHAL P.O., KOLLAM DISTRICT. BY ADVS. SRI.SHABU SREEDHARAN, SRI.C.K.PRASAD, SRI.T.S.ANURAJ, SRI.B.BALA PRASANNAN. RESPONDENTS: ------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALOOR, KOLLAM-691 305. 2. THE CIRCLE INSPECTOR OF POLICE, ANCHAL, KOLLAM-691 306. 3. THE SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, KOLLAM-691 306. 4. AJITHKUMAR, 'SREEKRISHNANILAYAM', AGASTHYACODU, ANCHAL, KOLLAM-691 306. 5. REJITHKUMAR, 'SREEKRISHNANILAYAM', THAZHAMEL, ANCHAL P.O., KOLLAM DISTRICT-691 306. 6. A.KISHOR, GOVERNMENT CONTRACTOR, 'ANJALI', KOTTARAKKARA, KOLLAM-691 506. R1 TO R3 BY GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN, R4 TO R6 BY ADV. SRI.ANCHAL C.VIJAYAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.27255/2011-F: APPENDIX PETITIONERS' EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE DIRECTOR GENERAL OF POLICE DATED 1-6-2011. EXHIBIT P2: TRUE COPY OF THE JUDGMENT IN WPC 16337/11 DATED 11-7-2011. EXHIBIT P3: TRUE COPY OF THE FIS WIH FIR IN CRIME 848/11 DATED 25-8-2011 OF ANCHAL POLICE STATION. EXHIBIT P4: TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN CMP 4018/01 IN OP 2418/01 DATED 24-1-2001. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.27255 of 2011 ------------------------------------------- Dated this the 20th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. This writ petition filed by the petitioners who are husband and wife complaining that after Ext.P2 judgment was issued by this court the officers of the police, particularly respondent No.3 are frequently summoning the petitioners to the police station and making them sit in the veranda of the police station for hours together. This action of the police amounts to harassment. On considering this writ petition for admission, we directed the learned Government Pleader to seek instructions of the police officers as to the correctness of the accusation of harassment. Today Sri.Dhanesh Mathew Manjooran, learned Government Pleader, submitted on the basis of instructions from the police officers that the accusations of harassment are untrue and without basis. Only once, the petitioners were summoned to the police station in view of a complaint submitted by the party respondents against them. The enquiry conducted by the police revealed that the dispute is civil in nature and hence directed W.P.(C).27255/11 -2- both parties for redressal of their grievances through process of civil court. In response to a query put by us it was submitted by the Government Pleader that at the moment attendance of the petitioners was not at all required by the police. 2. Under the above mentioned circumstances, we dispose of the writ petition directing respondents 1 to 3 that the attendance of the petitioners should be sought for only when it becomes absolutely necessary in connection with any enquiry or investigation. Even when it becomes absolutely necessary to have attendance of the petitioners, police shall issue notice to the petitioners under Section 160 of the Cr.P.C. and the petitioners should not be detained in the police station unnecessarily. The writ petition is disposed of with the above directions. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb