High Court Kerala High Court

Bejoy John vs Director General Of Police on 11 November, 2008

Kerala High Court
Bejoy John vs Director General Of Police on 11 November, 2008
       

  

  

 
 
  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