IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 16977 of 2008(U) -------------------------- PETITIONER(S): --------------- 1. MANOJ MONAI, S/O.NARAYANAN, AGED 41 YEARS KALARICKAL PARAMBIL HOUSE, MEURI KARA, MANJOOR VILLAGE, VAIKOM TALUK BY ADV. SRI.P.I.GEORGEKUTTY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, KOTTAYAM 3. DY.S.P., CRIME DETACHMENT, KOTTAYAM 4. JOSEPH , CONSTABLE, CRIME DETACHMENT . DY.S.P'S OFFICE, KOTTAYAM 5. SRI.K.M.ABRAHAM, KANDARAPPALLY, KURUPPANTHARA ADV. SRI.K.N.CHATHUKUTTY FOR R5 SHRI.BENJAMIN PAUL, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16977/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE WRIT PETITION IN WPC NO.584/2006 DATED 06/01/2006. P2 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.584/2006 DATED 12/01/2006. P3 : COPY OF THE INTIMATION SO SENT TO THE KADUTHURUTHY POLICE STATION DATED 02/10/2006. P4 : COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.21/2002 OF KADUTHURUTHY POLICE STATION DATED 18/01/2002. P5 : COPY OF THE NEWS RELEASED IN MANGALAM DAILY DATED 29/09/2007. P6 : COPY OF THE NEWS RELEASED IN DESABHIMANI DAILY DATED 29/09/2007. //TRUE COPY// PA TO JUDGE. jg K.BALAKRISHNAN NAIR & M.C.HARI RANI, J J. ------------------------- W.P.(C.) No. 16977 of 2008 --------------------------------- Dated, this the 23rd day of October, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court alleging that the police officers, the respondents 2 & 3, are harassing him at the instance of the 5th respondent. The petitioner is the driver of the brother of the 5th respondent. The brothers are not on good terms. Therefore, the petitioner is being unnecessarily targeted by the 5th respondent. The petitioner further submits that the 5th respondent sustained some injuries by an accidental fall. He got himself admitted in the Medical College Hospital, Kottayam and treated. After discharge from there, he got himself admitted in Holy Ghost Mission Hospital, Muttuchira stating that three persons attacked him by using an iron rode and they could be recognized on sight. Ext.P3 is the police intimation WP(C) No.16977/2008 -2- issued from the hospital to the police in that case. A crime was registered by the police. The allegation is that under the influence of his employer, who is the brother of the 5th respondent, the petitioner arranged the attack on the 5th respondent. He denies the allegations and submitted that they are unfounded. Under the influence of the 5th respondent, he is being summoned and harassed by the police, it is submitted. 2. The learned Government Pleader upon instructions submitted that the petitioner is not an accused in the crime registered. The police summoned him as part of the investigation into the crime. He further submitted that police did not harass him and they have no intention to harass the petitioner. 3. When a crime is being investigated, police will summon persons thought to be connected with it and this Court cannot grant any remedy, under Article 226 of the Constitution of India, against the same. If the harassment WP(C) No.16977/2008 -3- is in the form of a criminal offence, the petitioner can move the criminal court, or if it is only infringement of civil rights, he can move the civil court also. The writ petition is, accordingly, dismissed without prejudice to the contentions of the petitioner and his right to move other forum for appropriate reliefs. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) jg