IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27071 of 2011(H) -------------------------------- PETITIONER(S): ------------------ 1. ABDUL KAREEM,S/O.MOHAMMED, PANOLAN HOUSE, AMAYOOR PO,(VIA) MANJERI, MALAPPURAM DISTRICT. 2. SHAFIN MOHAMMED.C.K,(MINOR), AGED 17 YEARS,S/O.ABDUL KAREEM,PANOLAN HOUSE, AMAYOOR PO, (VIA) MANJERI, MALAPPURAM DISTRICT, REPRESENTED BY ITS GUARDIAN-FATHER IST PETITIONER ABDUL KAREEM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): -------------------- 1. THE INSPECTOR GENERAL OF POLICE, PTHRISSUR,PIN 680 609. 2. THE SUB INSPECTOR OF POLICE, EDAVANNA POLICE STATION,EDAVANNA,MALAPPURAM DISTRICT, PIN 679 329. GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27071 of 2011(H) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF the COPY OF THE CERTIFICATE OF CONTINUOUS AND COMPREHENSIVE EVALUATION UNDER THE SECONDARY SCHOOL EXAMINATION (SESSION 2009-11) ISSUED IN FAVOUR OF THE PETITIONER AND THE RELEVANT PART THEREOF. EXT.P2:- TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.331/11 DATED 28/09/11 OF THE 2ND RESPONDENT. EXT.P3:- TRUE COPY OF THE COMPLAINT DATED 03/10/11 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4:- TRUE COPY OF THE RECEIPT DATED 03/10/11 ISSUED BY PROFESSION COURIER IN RESPECT OF SENDING EXT.P3 BY COURIER. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.27071 of 2011 ------------------------------------------------ Dated this the 20th day of October, 2011 JUDGMENT Pius C. Kuriakose, J The petitioners, father and son have approached this Court complaining that the 2nd respondent is harassing them without any justifiable reason. On the basis of instructions received from the police Sri.Dhanesh Mathew Manjooran, the learned Government Pleader submitted that the accusations of harassment are without basis. Crime No.331/11 and Crime No.39/10 stands registered against the 1st petitioner. The 2nd petitioner is not made an accused in any of the crimes. The 1st petitioner's attendance was required only in connection with investigation into the crimes already registered. The above action of the police cannot be branded as harassment. 2. Sri.K.M.Sathyanatha Menon, the learned counsel for the petitioners would draw our attention to Ext.P3. He W. P. C. No.27071 of 2011 -2- submitted that the 2nd petitioner is a student. Pursuant to the incident which is detailed in Ext.P3, in the thick of the midnight the police party came to the house of the petitioners and forcibly took the 2nd petitioner over to the police station to the agony of the members of the house including the 2nd petitioner's mother and aged grandmother. While we are inclined to agree with the learned Government Pleader that the action of the police in insisting on the attendance of the 1st petitioner cannot be branded as harassment, we feel that the allegations levelled by the petitioner in this Writ Petition in the context of what was done to the 2nd petitioner - the allegations which are subject matter of Ext.P3 complaint requires to be enquired into at the highest level of the police. We dispose of the Writ Petition directing the 1st respondent to conduct an enquiry into Ext.P3 and to take appropriate action as is warranted by the facts revealed in the above enquiry. A report of the enquiry should be forwarded to the Registrar of this Court to be filed as part of the records in this Writ Petition. We also W. P. C. No.27071 of 2011 -3- record the submission of the learned Government Pleader that the attendance of the 2nd petitioner is not at all required by the police in connection with any enquiry or investigation. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-