IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34502 of 2007(G)
1. C.A.SCARIA ,S/O.ABRAHAM,
... Petitioner
2. SABU JOSEPH, S/O. JOSEPH,
Vs
1. STATE OF KERALA
... Respondent
2. THE DIRECTOR GENERAL OF POLICE
3. THE CITY COMMISSIONER OF POLICE
4. REETHAMMA VARGHESE,W/O.VARGHESE
For Petitioner :SRI.MVS.NAMBOOTHIRY
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :28/05/2008
O R D E R
K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ.
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W.P.(C)No.34502 OF 2007
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DATED THIS THE 28th DAY OF MAY, 2008
J U D G M E N T
Balakrishnan Nair, J.
The petitioners have approached this Court alleging harassment
at the hands of the Police. First petitioner’s brother Mr.Varghese is
missing for the last five years. 4th respondent is the missing man’s
wife. Apparently, at her instance, petitioners submit, they are being
harassed by the Police and they are in no way responsible for the
missing of the first petitioner’s brother and they also want the Police to
properly investigate and find out the whereabouts of the missing man.
Feeling aggrieved by the unnecessary harassment from the side of the
Police officials, this writ petition is filed.
2. Learned Government Pleader upon instructions, denied the
allegations of the petitioners about harassment. He submitted that the
Police wanted to question the first petitioner and so notice was issued
to him and the same cannot be treated as any harassment. The Police
officials are only discharging their duty, it is submitted.
3. We feel that the Police should be conceded freedom to
question anyone in connection with the missing of Mr.Varghese, if they
think that necessary information can be collected by such questioning.
W.P.(C)No.34502/07 -2-
But the Police shall conduct investigation in accordance with law. If the
presence of the petitioners is necessary, notice shall be issued to them.
The writ petition is disposed of as above.
K.BALAKRISHNAN NAIR,JUDGE.
M.C.HARI RANI, JUDGE.
dsn