IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 30779 of 2011(V) -------------------------------- PETITIONER(S): ------------------ 1. SURESH KUMAR.K., SUMAN NIVAS, PORODU, VIZHINJAM.P.O., VENGANOOR VILLAGE. 2. RAJITHA RANI.N.R., SUMAN NIVAS, PORODU, VIZHINJAM.P.O., VENGANOOR VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): ------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001. 2. THE INSPECTOR GENERAL OF POLICE (SOUTH ZORN) NANDANCODE, THIRUVANANTHAURAM-695001. 3. MR. DINIL, CIRCLE INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695001. 4. SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695001. WP(C).No. 30779 of 2011(V) -2- * ADDL. R5:- THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM. *[IMPLEADED SUO MOTU AS ADDL. RESPONDENT NO.5 AS PER ORDER OF THIS COURT ON07/12/11] SR. GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30779 of 2011(V) APPENDIX PETITIONER'S EXTS EXT.P1:- PHOTOCOPY OF THE IDENTITY CARD OF THE PETITIONERS ISSUED BY THE BAR COUNCIL OF KERALA. EXT.P2:- PHOTOCOPY OF THE EXPARTE ORDER OF INJUNCTION ORDER I.A. NO.4525/11 IN O.S. NO.841/11 OF THE MUNSIFF'S COURT, NEYYATTINKARA. EXT.P3:- PHOTOCOPY OF THE ORDER DATED 15/10/11 IN I.A. NO.4525/11 IN O.S. NO.841/11 OF THE COURT OF THE ADDL. MUNSIFF-II, NEYYATTINKARA. EXT.P4:- PHOTOCOPY OF THE ORDER DATED 15/10/11 IN I.A. NO.4751/11 IN O.S. NO.841/11 OF THE ADDL. MUNSIFF-II, NEYYATTINKARA. EXT.P5:- PHOTOCOPY OF THE COMPLAINT FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P6:- PHOTOCOPY OF THE RECEIPT DATED 23/09/11 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT. EXT.P7:- PHOTOCOPY OF the COMPLAINT DATED 25/10/11 FILED BY THE 2ND PETITIONER BEFORE THE JFMC-II, NEYYATTINKARA. EXT.P8:- PHOTOCOPY OF the FIR IN CRIMEN O.1109/11 DT.05/11/11 PREPARED BY VHZHINJAM POLICE STATION. EXT.P9:- PHOTOGRAPH OF THE 1ST PETITIONER'S BUILDING. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.30779 of 2011 ------------------------------------------------ Dated this the 7th day of December, 2011 JUDGMENT Pius C. Kuriakose The petitioners have approached this Court complaining that without any justifiable reason respondents 3 and 4 officers of police are harassing them every now and then. On considering this Writ Petition for admission, we directed Sri.M.K.Aboobacker, the learned senior Government Pleader to get instructions from R3 and R4 regarding the correctness of the accusations of police harassment. Sri.Aboobacker submitted on the basis of instructions that the accusations of police harassment are without any basis. A lady by name Sanji filed a complaint before the Commissioner of Police, Thiruvananthapuram. The allegation in the above complaint was that the petitioners were guilty of several offences including the offence under Sections 294 (b) and 506(1) of the IPC against Smt.Sanji. The above W. P. C. No.30779 of 2011 -2- complaint was made over by the Commissioner of Police for enquiry to the 4th respondent. The 4th respondent registered crime No.1109/11 of the Vizhinjam Police Station against the petitioners. The petitioners' attendance was insisted upon by the 4th respondent only for investigating into the above crime. The investigation is going on. There is no harassment. 2. In reply Sri.Shajin S. Hammed, the learned counsel for the petitioners submitted that against respondents 3 and 4 the petitioners have submitted Ext.P5 complaint before the Superintendent of Police, Thiruvananthapuram. The respondents 3 and 4 are compelling the petitioners to withdraw that complaint. Similarly Ext.P7 complaint has been submitted by the petitioners before the Judicial First Class Magistrte's Court-II, Neyyattinkara. Respondents 3 and 4 are compelling the petitioners to withdraw from that complaint also. Every now and then respondents 3 and 4 are harassing the petitioner. 3. We enquired of Sri.Aboobacker, the learned senior W. P. C. No.30779 of 2011 -3- Government Pleader as to whether there is any truth in the submissions made by the learned counsel for the petitioners. Sri.Aboobacker submitted that it is very unlikely that there is any truth in this. He submitted that this Court can direct the Superintendent of Police after impleading him as a party to look into Ext.P5 complaint. Under the above circumstances, we are of the view that it is too early to blame respondents 3 and 4 of police harassment. At the same time, we direct respondents 3 and 4 not to compel the petitioner to withdraw from Ext.P7 complaint which is now before the competent Judicial Magistrate. 4. The District Police Chief, Thiruvananthapuram is impleaded suo motu as Additional 5th respondent. Registry to carry out corrections in the cause title. Sri.M.K.Aboobacker, the learned senior Government Pleader took notice on behalf of the Additional 5th respondent. The additional 5th respondent will take up Ext.P5 and conduct an enquiry into the same (if no enquiry is conducted so far) and W. P. C. No.30779 of 2011 -4- will do the needful on the basis of the facts which are brought out in the enquiry. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE