IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27063 of 2010(G)
1. JIBIN P.B, S/O P.R.BOSE, AGED 28 YEARS
... Petitioner
Vs
1. THE ADDITIONAL DIRECTOR GENERAL OF
... Respondent
2. MOHAMMED FAISAL, SUPERINTENDENT OF
3. ANIL KUMAR, OFFICE OF SUPERINTENDENT OF
4. KANNAN, ASI,
For Petitioner :SRI.DENIZEN KOMATH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :16/09/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN & P.Q.BARKATH ALI, JJ.
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W.P.(C).No.27063 OF 2010
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Dated this the 16th day of September, 2010
JUDGMENT
Thottathil B.Radhakrishnan, J.
Petitioner, who claims to be an eye witness in a particular
incident which has been recorded as an offence, is before us. He
alleges threat and duress of the police officials, who are now
investigating the case. It appears that under directions of first
respondent, the Additional Director General of Police, the case in
question and another ultimately went to the CB-CID. This court had
also recorded that fact while disposing of W.P.(C)No.20545/2009. The
cases are registered and reported to the Judicial Magistrate of First
Class, North Paravur. If there is any allegation of harassment or any
other related matters, it should necessarily be available to a person
arrayed as a witness in the case to move the said Magistrate for
appropriate protective orders. In our view, it would not be wise for this
court to act on different versions and pass orders. The Criminal Court
has to ensure the rights of the accused as well as the rights of the
WPC.No.27063/2010 2
witnesses and that their personal liberties are properly protected in
terms of the circumstances and the laws. Preserving all such remedies
of the petitioner, this writ petition is closed.
THOTTATHIL B.RADHAKRISHNAN,JUDGE
P.Q.BARKATH ALI, JUDGE
sv.
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