IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34395 of 2011(Y) -------------------------- PETITIONER: --------------- BENNY, S/O.FRANCIS, 43 YEARS, ERETH HOUSE MELADOOR DESOM, ALALTHUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, MALA - 680 732. 2. CIRCLE INSPECTOR OF POLICE, MALA - 680 732. 3. DYSP, CHALAKUDY 680 307. 4. SUPERINTENDENT OF POLICE THRISSUR 680001. SENIOR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ===================== W.P.(C) NO. 34395 OF 2011 ===================== Dated this the 23rd day of December 2011 JUDGMENT Pius C.Kuriakose,J. On considering this writ petition containing accusation of police harassment against respondents 1 to 4, who are Police Officers, we directed the Senior Government Pleader who took notice on behalf of those respondents to seek instructions. Today Mr.M.K.Aboobacker, Senior Government Pleader submits that the accusation of police harassment are without basis. The police party during night patrol intercepted vehicle having KL-7-A 5682. But the driver of the lorry did not stop the vehicle. The identity of the vehicle, its owner and driver were later found out. Crime No.1306/2011 of Mala Police Station was registered against the driver under Sections 279 & 188 I.P.C. The petitioner's attendance was required, since the enquiry revealed that the petitioner was the registered owner of the vehicle. It was in connection with the investigation into the crime that the petitioner's attendance was required. This action of the police WPC 34395/2011 -2- cannot be branded as harassment. The petitioner is not an accused in the above crime. It is his driver alone who is an accused. 2. We are of the view that the action of the police cannot be branded as harassment. We decline the relief sought for. However, in view of the complaint of the petitioner that every now and then the police are insisting on the petitioner's attendance in the police station, we direct the Police Officers (Respondents 1 and 2 ) to issue notice under Section 160 Cr.P.C., if his attendance is required in connection with any enquiry or investigation. The writ petition is disposed of as above. PIUS C.KURIAKOSE, JUDGE K. HARILAL, JUDGE ks. WPC 34395/2011 -3-