IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 24025 of 2009(W) -------------------------- PETITIONER(S): --------------- NIKHIL V.M., S/O.MURAHARI, AGED 24 YEARS, VENNARAPARAMBIL HOUSE, POYYA POST, THRISSUR. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): --------------- 1. WILSON, ASI OF POLICE, OFFICE OF DY.SP. SPECIAL BRANCH, ALUVA. 2. DEPUTY SUPERINTENDENT OF POLICE, (SPECIAL BRANCH), OFFICE OF THE DY.SP., SPECIAL BRANCH, ALUVA. 3. E.K.MANEESH, MURUKKUMTHARA HOUSE, THEKKENMALIPPURAM SETTLEMENT COLONY, AZHEEKAL POST, VYPEEN. 4. INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE, ERNAKULAM. 5. DIRECTOR GENERAL OF POLICE, KERALA POLICE, POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM. GP MR.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 24025/09 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE FIR IN CRIME NO.93/09 OF NJARAKKAL POLICE STATION EXT.P2 TRUE COPY OF NOTICE GIVEN BY R1 DT.8.8.2009 EXT.P3 TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE R4 & R5 TRUE COPY PA TO JUDGE K.BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. -------------------------------------------------------- WP(C) NO.24025 OF 2009-W -------------------------------------------------------- Dated 15th September 2009 Judgment Balakrishnan Nair, J. The writ petitioner has approached this court, complaining harassment from the part of the police. Special reference is made to the commissions and omissions of the 1st respondent. The said respondent, it is alleged, is compelling the petitioner to withdraw the complaint made by him before the police against the third respondent, alleging the offence punishable under S.395 IPC. Based on the information lodged by him, the police have already registered Crime No.93/09 against the third respondent. The petitioner submits, the third respondent is a person of great political clout and under his influence, the 1st respondent is making frequent and unscheduled visits to his house. He is being unnecessarily summoned to the Police Station. Though he has preferred Ext.P3 complaint pointing out the actions of the first respondent before respondents 4 and 5, the said respondents have not taken any action on the said complaint. In the above background, this Writ Petition is filed. WPC 24025/09 2 2. The learned Government Pleader, upon instruction, submitted that the allegations against the 1st respondent are unfounded. The third respondent was already arrested and remanded to judicial custody. The 1st respondent only served a notice under S.161 Cr.P.C., requesting the presence of the petitioner to enquire into a complaint filed by the third respondent before the Director General of Police, alleging that he has been falsely implicated in the case. According to the learned Government Pleader, the said notice was, in fact, served by the 1st respondent on the father of the petitioner. The said respondent did not even meet the petitioner. The 1st respondent has no intention whatsoever, to persuade or coerce the petitioner to withdraw the complaint filed by him against the 3rd respondent, it is submitted. 3. We record the submission made by the learned Government Pleader that the 1st respondent will not approach the petitioner for withdrawing the complaint filed by him against the third respondent. Having regard to the facts of the case, we direct the 4th respondent to cause an enquiry into Ext.P3 complaint filed by the petitioner against WPC 24025/09 3 the first respondent within three months from the date of production/receipt of a copy of this judgment and to take appropriate further action, if the allegations raised by the petitioner are found correct. On completion of the three months' time limit, the 4th respondent shall inform the petitioner the results of the enquiry held into Ext.P3. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE P.BHAVADASAN, JUDGE sta WPC 24025/09 4