IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 9603 of 2010(A) ------------------------- PETITIONER(S): --------------------- RADHIKA.S.S,D/O.SARASAMMA,SURYA GARDENS, SASTHAMANGALAM,THIRUVANANTHAPURAM. BY ADV. SRI.SAJEEV.T.P. RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY HOME SECRETRY, SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,THIRUVANANTHAPURAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, DY.S.P.OFFICE,KUDAPPANAKUNNU,TRIVANDRUM. 4. THE ASSISTANT COMMISSIONER, NARCOTIC CELL,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 9603 OF 2010 A --------------------------------------------------- Dated this the 14th June, 2010 JUDGMENT K.M. Joseph, J. Prayer in the Writ Petition is as follows: “Issue a writ of mandamus or any other appropriate order or direction to the respondents to stop the police harassment on the petitioner, her son and on witnesses in CC.223/09 before the JFCM III, Thiruvananthapuram and ensure a fair trial in that case.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the complainant in Crime No.175 of 2008. The first accused is the son of an Inspector General in Headquarters (at the time of offence, he was the Superintendent of Police). It is stated that the petitioner's son was brutally WPC.9603/2010 A 2 assaulted by the first accused and other goondas. CC.No.223 of 2009 is pending on the basis of the crime before the Judicial First Class Magistrate Court III, Thiruvananthapuram. It is stated that there is harassment from respondents 2 to 4 and they have threatened that if the petitioner does not give hostile statements, she may be made an accused in any case. It is stated that the petitioner and her son were summoned on 23.3.2010. It is also stated that after filing of the charge sheet, the harassment is illegal and it is in violation of the fundamental rights. 3. A Statement is filed by the second respondent to which a Reply Affidavit is filed by the petitioner. We heard the learned counsel for the petitioner and the learned Government Pleader. Learned Government Pleader submits that the petitioner and her son will not be called to the police station or harassed by respondents 1 to 4 in connection with CC.No.223 of 2009 on the file of the Judicial First Class Magistrate Court III, WPC.9603/2010 A 3 Thiruvananthapuram. We record the said submission and close the Writ Petition. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk.