IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 12689 of 2009(E) -------------------------- PETITIONER: --------------- M.SIDHEEK,AGED 48 YEARS, S/O. MOHAMMED IBRAHI, RESIDING AT PRA, T-50 RAM SARAS, TANK ROAD, PULIMOOD G.P.O. TRIVANDRUM-1. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY HOME SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION,THIRUVANANTHAPURAM. 3. MADUSOODANAN,HEAD CONSTABLE, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM. GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 12689 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 29TH DAY OF MAY, 2009. J U D G M E N T Raman, J. Petitioner alleges harassment by the third respondent. According to him, some family problems are th between the petitioner and his wife and the wife lodged a false complaint which was subsequently clo But the third respondent came to the house of the petitioner accompanied by an Assistant Sub Inspe of Police on 19.4.2009 and assaulted him in the midst of neighbours shouting that he shall not enter house any more. Thereafter, he was taken to the police station and after forcefully taking the keys of house and wadrope he was released from the illegal custody. The statement as made above wo clearly show that the allegation, if true, involves two things - (i) misconduct on the part of an off while on duty and (ii) an offence punishable under the Penal law. So, the remedy of the petitione against the offence, if any, alleged to have been committed, is to file a complaint whereupon it wil registered and enquired into in accordance with law or he can approach the Magistrate Court wi private complaint. As far as the misconduct is concerned, now he has got an effective remedy before Police Complaints Authority under the Police Act. If a petition is made to that Authority, the same be considered in accordance with law. In the circumstances, we dispose of this writ petition with going to the merits of the allegations raised and without prejudice to the right of either parties. P.R. RAMAN, JUD P. BHAVADASAN, J