IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 18251 of 2010(F) 1. ADERSH G., SON OF N.GOPALAKRISHNAN, ... Petitioner Vs 1. THE DISTRICT SUPERINTENDENT OF POLICE, ... Respondent 2. THE CIRCLE INSPECTOR OF POLICE, 3. THE SUB INSPECTOR OF POLICE, For Petitioner :SRI.ALAN PAPALI For Respondent :GOVERNMENT PLEADER The Hon'ble MR. Justice K.M.JOSEPH The Hon'ble MR. Justice M.L.JOSEPH FRANCIS Dated :01/07/2010 O R D E R K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.18251 of 2010-F ---------------------------------------------- Dated, this the Ist day of July, 2010 J U D G M E N T
Petitioner has approached this Court complaining
harassment by respondents 2 and 3 police officers.
2. The prayers sought in the writ petition are as
“i. to issue a writ of mandamus or any other writ, order or
direction restraining respondents 2 and 3 from harassing
and threatening the petitioner stating that the petitioner is
the 12th accused in Crime No.423 of 2009 of Ezhukone
Police Station, which after investigation has ended up in a
Final Report taken on file by the Judicial Magistrate of the
Ist Class-I, Kottarakkara as C.P.No.45/2010.
ii. to declare that the petitioner is not the 12th accused in
the Final Report filed by the Ezhukone Police in Crime
No.423/2009 pending on the file of the Judicial Magistrate
of the Ist Class-I Kottarakkara as C.P.No.45/2010.”
3. Briefly put, the case of the petitioner is as
follows: Petitioner is residing in the address shown in the writ
petition and is running a stationery shop for the last ten years.
Petitioner opens his shop at 7 a.m and closes by around 10
p.m. He has not so far been involved in any criminal cases.
WPC 18251/2010 -2-
On 10.5.2010, on instructions of the 3rd respondent a
policeman came to the petitioner’s shop and told the petitioner
that the petitioner is accused in Crime No.423/2009 of
Ezhukone Police Station. According to the petitioner, the
summons is addressed to the 12th accused who is one Kannan
residing at Krishna Mandiram near Surabhi Auditorium,
Nedumankavu Muri, Karipra Village. Petitioner told the
policeman that the name and address shown in the summons
is not that of the petitioner and petitioner has no connection
with any case. According to the petitioner, the policemen of
the Ezhukone Police Station is harassing and threatening him
stating that he is the 12th accused and he has to accept the
summons issued to the 12th accused. Petitioner preferred
Ext.P1 petition before Superintendent of Police, Kollam.
4. Petitioner has also filed Ext.P7 which is an
affidavit sworn by the defacto complainant wherein it is stated
that the deponent of the affidavit knows Sri.Adersh namely
the petitioner for a very long time and if he was involved in
the incident he would have definitely stated his name at the
time of investigation. He also stated that the petitioner was
not involved in the incident and he never told the name of 12th
WPC 18251/2010 -3-
accused as Kannan.
5. Learned Government Pleader was asked to get
instructions on this affidavit. Learned Government Pleader
would submit that apart from the deponent of Ext.P7 affidavit
there are some others namely one Manoj and Binu and they
have given statement. We do not think that this proceeding
may be appropriate for rendering a judgment regarding the
question relating to the mistaken identity in view of
circumstance brought to our notice. In our view, it is for the
petitioner to work out his remedies before the appropriate
forum and establish his case. Without prejudice to the rights
of the petitioner available in law and making it clear that we
have not pronounced on the question relating to the case of
mistaken identity, we dispose of the writ petition.