IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32366 of 2008(C)
1. BEJOY JOHN, S/O.GEORGE VARGHESE,
... Petitioner
Vs
1. DIRECTOR GENERAL OF POLICE,
... Respondent
2. SUPERINTENDENT OF POLICE,
3. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.P.V.GEORGE(PUTHIYIDAM)
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :11/11/2008
O R D E R
K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.
----------------------------------------
W.P.(C) No.32366 OF 2008
----------------------------------------
Dated this the 11th day of November, 2008
J U D G M E N T
~~~~~~~~~~~
Balakrishnan Nair, J.
The petitioner is the registered owner of the motor bike
bearing registration No. KL-24A-5424. The grievance of the
petitioner is that the Paripilly police is harassing the petitioner
directing him to produce the said vehicle. According to the
police, it is a vehicle suspected to be involved in a crime
registered under Section 304A of the I.P.C. The petitioner
submits, he is also being persuaded to admit that it was he who
rode the vehicle at the relevant time. The petitioner claims, at
the time, when the accident took place, he was attending a
conference. He is unnecessarily being harassed by the police.
In the above background, the petitioner filed Ext.P6
representation before the Superintendent of Police, Kollam,
against the harassment from the part of the Paripilly police and
thereafter this writ petition is filed .
W.P.(C) No.32366/2008 2
2. Learned Government Pleader, upon instructions,
submitted that the petitioner’s vehicle had been identified by
three school going children, as the one involved in the accident
which resulted in the death of a student. So, the petitioner was
directed to produce the vehicle. The said direction was issued,
as part of the investigation into the crime.
3. If the petitioner’s vehicle is suspected to be involved
in a crime and he has been asked by the police to produce that
vehicle, we think the same cannot be described as harassment
from the part of the police. If the petitioner is falsely implicated
in the crime, he has to workout his remedy before appropriate
forums. This Court cannot go into such matters under Article
226 of the Constitution of India. In the result, the writ petition is
closed, without prejudice to the contentions of the petitioner and
his right to move other forums for appropriate reliefs.
(K.BALAKRISHNAN NAIR, JUDGE)
(M.C.HARI RANI, JUDGE)
ps