High Court Kerala High Court

Mujeeb K.A. vs State Of Kerala on 12 August, 2010

Kerala High Court
Mujeeb K.A. vs State Of Kerala on 12 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25265 of 2010(G)


1. MUJEEB K.A., S/O. ALI BAVA,
                      ...  Petitioner
2. SABEER P.S., S/O. SALAM,

                        Vs



1. STATE OF KERALA, REP. BY THE SECRETARY,
                       ...       Respondent

2. THE DIRECTOR GENERAL OF POLICE,

3. THE COMMISSIONER OF POLICE,

4. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.K.PRAVEEN KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :12/08/2010

 O R D E R
          K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
        ------------------------------------------------------
                 W.P.(C) No.25265 of 2010-G
            ----------------------------------------------
           Dated, this the 12th day of August, 2010

                          J U D G M E N T

K.M.Joseph, J.

Petitioners have approached this Court seeking the

following reliefs:

“a. to issue a writ of mandamus to the 3rd and 4th
respondents to release the petitioners’ vehicles
bearing Regn.No.KL 42/C 4362 and KL 7/AV 3746, as
expeditiously as possible.

b. to issue a writ of mandamus or any appropriate writ
order or direction, directing the respondents not to
harass the petitioners on the ground that they are
members of the “Popular Front.”

c. to issue a writ of mandamus commanding the 2nd
respondent to consider and pass orders on Ext.P1
expeditiously.”

2. Briefly put, the case of the petitioners is as

follows: The Ist petitioner is the supplier of bakery goods to

various bakeries by using his own vehicle. The 2nd petitioner

is an auto rickshaw driver by profession. The allegation is that

they are being harassed by the 4th respondent on the

allegation that they are members of Popular Front. It is stated

that the 4th respondent had raided the residence of the

petitioners and taken away the vehicles without issuing any

receipt.

WPC No.25265/2010 -2-

3. Learned Additional Director General of

Prosecution, on instructions, submits that petitioners are

accused Nos. 2 and 3 in Crime No.901 of 2010 of Njarakkal

Police Station for the offences under Sec.153 A read with 34

IPC. It is further submitted that only the auto rikshaw of the

2nd petitioner has been seized as it was used for carrying

material. It is submitted that it is open to the petitioner to

approach the concerned Magistrate before whom the vehicle

will be produced. It is submitted that it will be produced as

and when the documents relating to the vehicle are obtained.

It is submitted that investigation will be done in accordance

with law and there will be no other harassment of the

petitioners. We record the same and dispose of the writ

petition reserving liberty to the petitioners to approach the

competent forum seeking release of the vehicle.

(K.M.JOSEPH)
JUDGE.

(M.L.JOSEPH FRANCIS)
JUDGE.

MS