IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 13402 of 2008(U) -------------------------------------- PETITIONER: ------------------- SHINE LAL M.P,S/O.MANOHARAN,AGED 19, SHINE NIVAS,PULIYOORKONAM,POONJAMKODU MURIYIL, PERUMKULAM VILLAGE,NEDUMANGAD TALUK, THIRUVANANTHAPRAM DISTRICT. BY ADV. SRI.MATHEW SKARIA SRI.JOSE THOMAS (PEEDIKAYIL) SRI.JOY JOSEPH (MUNDACKAL) RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. S.CHANDRAKUMAR,THE SUB INSPECTOR OF POLICE,KATTAKKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. 3. K.JAYACHANDRAN,H.C.T 8442,KATTAKKADA POLICE STATION,THIRUVANANTHAPURAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, KATTAKKADA POLICE STATION,THIRUVANANTHAPURAM DIST. 5. DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGAD,THIRUVANANTHAPURAM DISTRICT. 6. THE DIRECTOR GENERAL OF POLICE, STATE OF KERALA, VAZHUTHACAUD,THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13402/2008 U APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE DISCHARGE SUMMARY DT. 31/5/2007 ISUED TO THE PETITIONER FROM THE SP FORT HOSPITAL, THIRUVANANTHAPRAM. EXT.P2. COPY OF THE FIR IN CRIME NO. 79/2008 OF KATTAKKADA P.S. EXT.P3. COPY OF THE FIR IN CRIME NO. 90/2008 OF KATTAKKADA P.S. EXT.P4. COPY OF THE HALL TICKET OF THE PLUS TWO EXAMINATIONS ISSUED TO THE PETITIONER. EXT.P5. COPY OF THE FIR IN CRIME NO. 105/2008 OF KATTAKKADA P.S. EXT.P6. COPY OF THE FIR IN CRIME NO. 106/2008 OF KATTAKKADA P.S. EXT.P7. COPY OF THE TREATMENT CERTIFICATE OF THE PETITIONER DT.01/4/2008 ISSUED FROM THE PRIMARY HEALTH CENTRE, KATTAKKADA. EXT.P8. COPY OF THE COMPLAINT, CMP NO. 1701/2008, MADE BY THE PETITIONER BEFORE THE JFCM COURT, KATTAKKADA ON 01/04/2008. EXT.P9. COPY OF THE PETITION DT. 4/4/2008 MADE BY THE PETITIONER BEFORE THE R6. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / tga K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 13402 OF 2008 ============================ DATED THIS THE 23RD DAY OF OCTOBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioner has approached this Court alleging police harassment. The nature of harassment imputed to the police is that whenever a crime is registered in the petitioner's locality, he is made an accused. This Court directed the 5th respondent,Deputy Superintendent of Police, to hold an impartial enquiry into the crimes registered against the petitioner and file an affidavit before this Court. The said officer has filed an affidavit stating that the crimes were registered based on real incidents. From the available records, the petitioner has been implicated in them rightly, it is submitted. 2. The petitioner disputes the above submission of the 5th respondent. But this Court cannot decide this disputed question WPC.13402/2008 -2- in this writ petition. The petitioner has to seek other remedies available to him under law. Accordingly, the writ petition is closed without prejudice to the contentions of the petitioner. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ks. WPC.13402/2008 -3-