IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 WP(C).No. 24462 of 2011(G) --------------------------------------- PETITIONER(S): ------------------------ KUMARAN NAIR, AGED 65 YEARS, S/O.RAMAN NAIR, DEVI SADANAM, PULLAD.P.O., KOIPRAM VILLAGE. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): --------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA.PIN-686 001 2. CIRCLE INSPECTOR OF POLICE, KOZHANCHERRY.PIN-686 048 3. SUB INSPECTOR OF POLICE, ARANMULA, PATHANAMTHITTA DISTRICT.686 026 4. MADHUKUMAR, KURIAMPARAMBIL HOUSE, KURUNTHAR, ARANMULA, KOZHANCHERRY.PIN-686 026 BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24462/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE COMPLAINT DATED 03/09/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.24462 of 2011 ------------------------------- Dated this the 19th day of September, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This writ petition has been instituted seeking direction for protection against what is described as harassment by police. On considering the writ petition for admission, we directed the 1st respondent to conduct an enquiry into Ext.P1 complaint submitted by the petitioner. The 3rd respondent was also directed not to insist on the production of the petitioner's daughter Rejitha N.K.Nair before him. Learned Government Pleader on the basis of instructions submitted that, a 'person missing' case was registered as Crime No.699/2011 at Aranmula Police Station on the basis of complaint submitted by the petitioner. Later the investigation revealed that, the petitioner's daughter had joined him back. On receiving such information, the petitioner was only directed to appear before the Magistrate and file a statement so that the crime case can be finally disposed of. The petitioner was not willing to do that. The 2 W.P.(C) No.24462 of 2011 dilemma of the petitioner was due to reasons best known to him only. There is no harassment by the police on the petitioner. If in future, the petitioner's presence is necessary in connection with any enquiry or investigation, notice under Section 160 of Cr.P.C. shall be issued to the petitioner. We record all the submissions of learned Government Pleader. We dispose of the writ petition directing the petitioner to appear before the Judicial First Class Magistrate Court-I, Pathanamthitta, before whom the FIR pertaining to Crime No.699/2011 is lodged and appraise the learned Magistrate as to the happenings subsequent to the lodging of the FIR. The petitioner is permitted to move the police afresh, if he feels that threat from the part of the 4th respondent to him and to his daughter continues. If any such complaint is received by the police, prompt action will be taken so as to ensure that no danger is caused to the lives of the petitioner and his daughter. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/