IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 441 of 2009(C) ----------------------------------- PETITIONER: ------------------- MUHAMMED ASHRAF, S/O. ABDUL RAHIMAN, AGED 33 YEARS, PALLAM HOUSE, ADKATHBAIL, KASARGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW. RESPONDENTS: ----------------------- 1. THE SUB INSPECTOR OF POLICE, KASARGOD POLICE STATION, 2. THE CIRCLE INSPECTOR OF POLICE, KASARGOD POLICE STATION. 3. N.A. NELLIKUNNU, FATHER'S NAME NOT KNOWN TO THE PETITIONER, STATE GENERAL SECRETARY, INDIAN NATIONAL LEAGUE, NELLIKKUNNU, KASARGOD DISTRICT. 4. IBRAHIM KULANGARA, S/O. ABDUL KHADER, KULANGARA HOUSE, NELLIKKUNNU, KASARGOD DISTRICT. 5. SUNEETH, S/O. MAHAMOOD, OWNER, CITY LINE BUS SERVICE,KASARGOD. 6. THE DISTRICT SUPERINTENDENT OF POLICE, KASARGOD. 7. THE DEPUTY INSPECTOR GENERAL OF POLICE, KANNUR. R1, R2, R6 & R7 BY GOVT. PLEADER SRI. BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy,Ag.C.J. & V. Giri, J. -------------------------------------- W.P. © No. 441 of 2009 - C --------------------------------------- Dated this the 19th day of January, 2009 Judgment Koshy,Ag.C.J. This is a petition alleging police harassment. Learned Government Pleader submitted that petitioner was an accused in a murder case and was convicted for offence punishable under section 302 of the Indian Penal Code and sentenced to undergo life imprisonment. This court also confirmed the above conviction and sentence, but, Hon'ble Supreme Court acquitted him and he was released. Thereafter, according to the police, several complaints were received that he and his friends are threatening others and 'goonda pirivu' also started. They have also alleged that even if a case is registered, nothing will happen. Many crimes were registered against the petitioner and some of his friends and police is investigating the matter. Police is free to investigate the crime according to law and take appropriate steps to keep the law and order. In these set of facts, no order can be passed from this court in a petition under article 226 of the Constitution of India. If petitioner is in any way harassed and W.P.(C) No.441/2009 2 police is not acting according to law, petitioner is free to approach the jurisdictional magistrate. With the above direction, this writ petition is disposed of. J.B.Koshy Acting Chief Justice V. Giri Judge vaa