IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 1767 of 2011(U) ------------------------- PETITIONER: ------------------ NOUSHAD.K.E., AGED 32 YEARS, S/O. IBRAHIM, KANHIRAPARAMBIL HOUSE, P.O.MANNAM, PARAVOOR. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): ----------------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-5. 2. SUPERINTENDENT OF POLICE (RURAL),ALUVA.682001 3. THE CIRCLE INSPECTOR OF POLICE, NORTH PARAVOOR. 683513 4. SUB INSPECTOR OF POLICE, NORTH PARAVOOR. 683513 5. SRI.SREEKUMARAN NAIR, SUB INSPECTOR OF POLICE, NORTH PARAVOOR. 383513 6. SRI.SHIJAD, S/O. V.A.ASHRAF, KOKKARNIPARAMBIL HOUSE, P.O.MANNAM, PARAVOOR. 683513 R1-4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1767 of 2011(U) --------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBIT ------------------------------------- EXT.P1. COPY OF THE REPRESENTATION DATED 15.1.2011 SUBMITTED BEFORE THE 1ST AND 2ND RESPONDENT / TRUE COPY / / P.A. TO JUDGE/ VK R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.1767 of 2011-U ***************************** Dated this the 16th day of March, 2011 JUDGMENT BASANT, J. Petitioner has come to this Court raising allegations of police harassment. According to the petitioner, he was being unnecessarily vexed and troubled by the 4th respondent. The 4th respondent is the Sub Inspector of Police, North Paravur Police Station and the 5th respondent is the present incumbent. It is the case of the petitioner that he was physically assaulted by the 4th respondent/5th respondent. In pursuance of that he has lodged Ext.P1 complaint before the 1st respondent. But no action is taken by the police authorities. The petitioner has narrated his tale of woes and prayed that appropriate directions may be issued under Article 226 of the Constitution of India to put an end to such harassment against him. 2. The matter has been adjourned from time to time. At long last, we note that it is reported by the learned Government Pleader on behalf of respondents/police officials that Crime W.P(C) No.1767 of 2011 2 No.381 of 2011 of North Paravur Police Station has been registered on the grievance raised by the petitioner. Proper investigation shall be conducted into that crime, asserts the learned Government Pleader on behalf of the police officials. 3. The crime having been registered and it having been assured by the learned Government Pleader that proper investigation into that crime shall be conducted by the police, we are satisfied that no further directions need be issued in this Writ Petition now. We make it clear that if there is no proper investigation, the petitioner's remedy to approach the learned Magistrate as per the dictum in Sakiri Vasu v. State of U.P [2008 AIR SCW 309] and if not satisfied to approach this Court under Section 482 Cr.P.C/Article 226 of the Constitution shall remain unfettered. The learned Government Pleader submits that according to the police officials, the petitioner is actuated not by bona fides, but by mala fide intent. We intend to express no opinion on the said assertions it having been assured to us that proper investigation shall be conducted into Crime No.381 of 2011 of North Paravur Police Station. W.P(C) No.1767 of 2011 3 4. This Writ Petition is accordingly allowed in part to the above extent. 5. The learned Government Pleader prays and though we do not think it strictly necessary, it is made clear that this judgment will not in any way fetter/restrain the powers of the Sub Inspector of Police, North Paravur Police Station to conduct regular patrolling in connection with the maintenance of law and order within his jurisdiction. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(C) No.1767 of 2011 4 R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.1767 of 2011 ***************************** Dated this the 18th day of January, 2011 W.P(C) No.1767 of 2011 5 ORDER BASANT, J. Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 to 4. The 5th respondent is a police officer arrayed in his personal name and capacity. The learned Government Pleader prays that notice may be issued to the 5th respondent directly. Issue notice to respondents 5 and 6. The learned counsel for the petitioner prays and is accordingly permitted to take out notice to respondents 5 and 6 by special messenger. 2. The grievance of the petitioner is that the police officials are compelling and coercing the petitioner, who had suffered injuries and is undergoing treatment in the hospital, to get discharged from the hospital to avoid any proceedings against the police officials. There shall, in these circumstances, be an interim direction to respondents 1 to 5 to ensure that the petitioner is not compelled in any manner to get discharged from the hospital before his treatment is complete and is discharged by the medical officer concerned. 3. Verify service and call on 21.01.2011. W.P(C) No.1767 of 2011 6 (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/