IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST JANUARY 2007 / 12TH POUSHA 1928 OP.No. 4689 of 1999(G) ----------------------------- PETITIONER: ------------------ V.S.VIJAYASARATHY, S/O.VISWANATHAN, AGED 23 YEARS, SARATHY HOUSE, MISSION COMPOUND, KALPATTA, NORTH P.O., WYNADU DISTRICT. BY ADV. SRI.A.X.VARGHESE SRI.N.M.VARGHESE RESPONDENTS: ---------------------- 1. STATE OF KERALA TO BE REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, KERALA STATE, TRIVANDRUM 3. JOHNSON JOSEPH, SUB INSPECTOR OF POLICE, PALAI POLICE STATION , PALAI, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SRI.BASANT BALAJI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.7989/1999 IN OP. NO.4689/1999 DISMISSED 1.1.2006 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE COMPLAINT DT.30.11.98 WAS SUBMITTED BEFORE THE 3RD RESPONDENT. EXT.P2:- COPY OF THE FIRST INFORMATION REPORT ALONG WITH 161 STATEMENTS. EXT.P3:- COPY OF THE REPORT PUBLISHED BY 'MATHRUBHOOMI' DT.2.12.98. RESPONDENTS EXHIBITS EXT.R3(a):- COPY OF THE REMAND ORDER DT.4.12.99. .EXT.R3(b):- COPY OF THE PROCEEDINGS OF THE PETTY CASE 47828/98. EXT.R3(c):- COPY OF THE JUDGMENT IN ST.4728/98. EXT.R3(d):- COPY OF THE REGISTER OF PROPERTY FOUND IN SEARCHING PRISONERS. EXT.R3(e):- COPY OF THE NATIVITY CERTIFICATE . EXT.R3(f):- COPY OF THE RELEVANT PAGES OF THE RATION CARD. /TRUE COPY/ tss S. SIRI JAGAN, J. ```````````````````````````````````````````````````` O.P. No. 4689 OF 1999 G ```````````````````````````````````````````````````` Dated this the 1st day of January, 2007 J U D G M E N T The petitioner has approached this court seeking the following reliefs: (i) call for the records from the 3rd respondent pertaining to Exts.P1 and P2; (ii) issue a writ of mandamus directing the 1st respondent state to compensate the injury sustained to the petitioner on account of the 3rd respondent's fault, recoverable from him, in terms of money to the tune of Rs.1,00,000/-; (iii) issue a writ of mandamus directing the 1st and 2nd respondents to have a threadbare enquiry into the atrocities and human right violation sustained to the petitioner at the instance of respondents 3 and 4 to prosecute all the culprits in accordance with law. 2. The case of the petitioner is that he was subjected to harassment by the police when he approached the police for filing the complaint regarding theft of his belongings by a person within the jurisdiction of the Palai Police Station, which was under the control of respondents 3 and 4. The petitioner submits that he was arrested for no fault of his and was later released. As such, he complains of malicious prosecution and seeks compensation for the same payable by the respondents. 3. The 3rd respondent has filed a counter affidavit in which he has totally denied all the averments of the petitioner in the original OP.4689/99 2 petition. He would submit that on 3.12.1998 while he was on night patrol duty the petitioner was apprehended at 2.30 A.M. when he tried to conceal himself from the police and was about to run away. He had given his name originally as Vijay belonging to Kalpetta and on further questioning he stated that his name is Sivakumar alias Kumar and he is the son of Viswanathan, Siva Bhavan, Thekkevila 'C' Ward, Kuttalathukizhakkethil, Iravipuram village, Kollam district. He was produced before the Magistrate and remanded to Sub Jail, Palai till 18.12.1998. When the 3rd respondent enquired about the genuineness of the address given by the said Sivakumar, he found that the address was false and he is missing from the native place for the last one year and after having been involved in a petty theft case of stealing his own uncle's bicycle. On 16.12.98, the final report in the crime laid against the said Sivakumar before the Judicial First Class Magistrate Court at Palai was taken on file as S.T. No.4728/98. On 1.1.1999, the said Sivakumar was produced before the Magistrate Court and on his admitting the offence, he was convicted and sentenced to undergo simple imprisonment for 29 days and set off was allowed. Since the said Sivakumar was in judicial custody for 29 days, he was set at liberty on 1.1.1999 itself. The 3rd respondent has also produced documents in support of these contentions. This tallies with Ext.P2 FIR produced by the petitioner himself. In the above circumstances, I do not find any OP.4689/99 3 merit whatsoever in the original petition. Even if he had a case of malicious prosecution, his remedy lies elsewhere. In view of the above findings, there is absolutely no merit in the original petition and accordingly the same is dismissed. (S. SIRI JAGAN, JUDGE) aks S. SIRI JAGAN , J. OP No.4689/99 G J U D G M E N T 1st January, 2007