IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 25959 of 2008(M) -------------------------- PETITIONER(S): --------------- NOUSHAD.A, S/O.ALI AHMMED, KUNNIL VEEDU, CHERUKARA KONAM,MELATTINGAL, KEEZHATTINGAL VILLAGE, CHIRAYINKEEZHU TALUK. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE KADAKKAVUR POLICE STATION,KADAKKAVUR. 2. CIRCLE INSPECTOR OF POLICE, KADAKKAVUR CIRCLE,KADAKKAVUR. 3. DEPUTY SUPERINTENDENT OF POLICE ATTINGAL. 4. STATE OF KERALA REP. BY SECRETARY,HOME DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. BY SR.GOV.T PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 25959/08 :2: APPENDIX PETITIONER'S EXTS. EXT.P1 - THE TRUE PHOTO COPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION NO.KL-01-K-TEMP 8117 DT. 4.3.2008. EXT.P2 - THE TRUE PHOTO COPY OF THE PETITION CMP NO.5227/08 FILED BEFORE THE JFMC, VARKALA ON 22.8.08. EXT.P3. - THE TRUE PHOTO COPY OF THE ORDER OF THE JFMC, VARKALA DT. 3.9.08. EXT.P4 - THE TRUE PHOTO COPY OF THE REGISTRTION CERTIFICATE KL-01-K TEMP 8117. RESPONDENTS' EXTS. ANNEXURE-R2(a) – TRUE COPY OF THE COMPLAINT FILED BY SRI.ANIRUDHAN. ANNEXURE-R2(b) – TRUE COPY OF THE REFER REPORT. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 25959 OF 2008-M ----------------------------------------- Dated 10th November, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner submits, some persons wrongfully restrained him and took by force Rs.8600/- and also a gold ring. Though he complained before the police, no action was taken, because the culprits were the relatives of the 3rd respondent Deputy Superintendent of Police. Later, the police registered a crime, when the complaint was forwarded by the Judicial First Class Magistrate's Court, Varkala under Section 156(3) of the Cr.P.C. While so, the police on 19.8.2008 took into custody a pick-up van purchased by him. His brother-in-law was taken into custody along with the vehicle. They are threatening the petitioner to compromise the crime registered against the relatives of the 3rd respondent earlier. The petitioner submits, every day policemen are coming to his house and threatening him. For release of the WPC 25959/08 2 vehicle, he moved the learned Magistrate by filing Ext.P2 petition and obtained Ext.P3 order, directing release of the vehicle. The petitioner is being threatened and harassed incessantly by the police officers. Therefore, this writ petition is filed, seeking appropriate reliefs. 2. A statement has been filed by the 2nd respondent, stating that the petitioner was running a chitty. After collecting substantial amounts from several persons, he disappeared. A complaint was received in the police station that the petitioner's vehicle was being used for transporting stolen manchiyam pieces. On reaching the spot, the police found a vehicle without registration abandoned there. So, it was taken to the police station. Pursuant to Ext.P3 order, the vehicle has been released to the brother-in-law of the petitioner, who appeared on behalf of the petitioner. The police denied the allegations against them. The learned Government Pleader also submitted that the police have no intention to harass the petitioner. We record the above submission. If the petitioner's presence is required, he may be served with notice under Section 160 of the Cr.P.C. WPC 25959/08 3 The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/