IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 27187 of 2009(P) PETITIONER(S): RIYAS BABU, V.P.HOUSE, BEEMBUNGAL MAMPAD, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.JOMY GEORGE SRI.M.J.BENNY SRI.SEBASTIAN THOMAS RESPONDENT(S): 1. M.I.SHAJI CIRCLE INSPECTOR OF POLICE, NILAMBUR. 2. CIRCLE INSPECTOR OF POLICE,NILAMBUR. 3. SUPERINTENDENT OF POLICE MALAPPURAM DISTRICT. 4. DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM. 5. SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION KOCHI, ERNAKULAM DISTRICT. 6. STATE OF KERALA REPRESENTED BY ITS HOME SECRETARY GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R5 R1 TO R4 & R6 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27187 of 2009 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE BROTHER OF THE PETITIONER TO THE CIRCLE INSPECTOR OF POLICE, NILAMBUR. EXT.P2: TRUE COPY OF THE COMPLAINT DATED 4.4.2009 FILED BY THE PETITIONER BEFORE THE D.Y.S.P. OF PERINTHALMANNA. EXT.P3: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE RESPONDENTS ON 15.5.2009. EXT.P4: TRUE COPY OF THE COMPLAINT DATED 6.5.2009 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE PETITIONER DATED 3.6.2009 FILED BY THE PETITIONER BEFORE THE HUMAN RIGHTS COMMISSION. EXT.P6: TRUE COPY OF THE NOTICE DATED 12.06.2009 ISSUED BY THE D.Y.S.P., PERINTHALMANNA TO THE PETITIONER. RESPONDENTS' EXHIBITS: ANNEXURE 1: TRUE COPY OF THE REPORT FORWARDED TO THE HUMAN RIGHTS COMMISSION DTD. 12.7.2009. //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C) No.27187 of 2009 ----------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayers: “a) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 3 and 4 to ensure that the 1st respondent is not harassing the petitioner and is not falsely implicating the petitioner in criminal cases and is not making him an accused. b) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 3, 4 and 6 to entrust the matter with the 5th respondent or with any other independent agency or with a senior officer of the police department to enquire and investigate about the allegations raised by the petitioner against the 1st respondent.” 2. Learned Government Pleader submits that, apart from the lawful discharge of statutory duties by the police, there is no harassment on the part of the police. This is, W.P(C)No.27187 of 2009 -:2:- however, refuted by the petitioner. The petitioner prays that his complaints may be directed to be considered by the 4th respondent. There is an independent statutory body - 'Police Complaint Authority' and the petitioner is free to approach the said authority. 3. The writ petition is hence disposed of as follows: It will be open to the petitioner to file a complaint before the 'Kerala State Police Complaint Authority' within one month from today, in which case, the said authority will look into the matter in accordance with law, expeditiously. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- // true copy //