Lenin vs Circle Inspector Of Police on 13 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27063 of 2009(C)


1. LENIN, S/O. MOHANAN,
                      ...  Petitioner

                        Vs



1. CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

3. SIVAPRASAD,

4. ASSISTANT INSPECTOR GENERAL OF POLICE

                For Petitioner  :SRI.LIJU. M.P

                For Respondent  :SRI.M.DINESH

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :13/11/2009

 O R D E R
                             KURIAN JOSEPH
                                        &
                          C.T. RAVIKUMAR, JJ.
                   ---------------------------------------------
                       W.P.(C) NO.27063 OF 2009
                   ---------------------------------------------
                Dated this the 13th day of November, 2009


                                 JUDGMENT

Kurian Joseph, J.

The Writ Petition is filed with the following prayers:-

i) Issue a writ of mandamus or any other
appropriate writ or order or direction, directing the
respondents 1 to 3 not to harass the petitioner and his
family members;

ii) Issue a writ of mandamus or any other
appropriate writ or order or direction, directing the
respondent No.4 to take necessary actions in Exhibit-P2,
at the earliest in accordance with law and to conduct
proper enquiry in Crime No.104/09 of Thumba Police
Station.

2. It is seen from the counter affidavit filed by the 4th

respondent and also the statement filed by the 1st respondent that the

petitioner is involved in various crimes under the jurisdiction of various

police stations. In case the petitioner has any grievance with regard to

the conduct of police, it will be open to the petitioner to approach the

Police Complaint Authority. In case the petitioner has any grievance

with regard to the conduct of investigation, it is for him to approach the

Magistrate of competent jurisdiction. Learned counsel for the

W.P.(C) NO.27063 of 2009 2

petitioner submits that only because the petitioner refused to be a party

to the illegal relationship of the 3rd respondent, all the troubles have

croped up. It is certainly open to the petitioner to point out these

aspects also before the Police Complaint Authority in which case the

said authority will look into those allegations as well. The learned

counsel for the petitioner also submits that the 3rd respondent is

misusing his office for harassing the petitioner and members of his

family. There will be a direction to the 4th respondent to look into that

aspect and take appropriate action on Ext.P2, in accordance with law.

The Writ Petition is disposed of as above.

(KURIAN JOSEPH)
JUDGE

(C.T. RAVIKUMAR)
JUDGE

spc