IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25265 of 2010(G)
1. MUJEEB K.A., S/O. ALI BAVA,
... Petitioner
2. SABEER P.S., S/O. SALAM,
Vs
1. STATE OF KERALA, REP. BY THE SECRETARY,
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. THE COMMISSIONER OF POLICE,
4. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.PRAVEEN KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :12/08/2010
O R D E R
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
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W.P.(C) No.25265 of 2010-G
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Dated, this the 12th day of August, 2010
J U D G M E N T
K.M.Joseph, J.
Petitioners have approached this Court seeking the
following reliefs:
“a. to issue a writ of mandamus to the 3rd and 4th
respondents to release the petitioners’ vehicles
bearing Regn.No.KL 42/C 4362 and KL 7/AV 3746, as
expeditiously as possible.
b. to issue a writ of mandamus or any appropriate writ
order or direction, directing the respondents not to
harass the petitioners on the ground that they are
members of the “Popular Front.”
c. to issue a writ of mandamus commanding the 2nd
respondent to consider and pass orders on Ext.P1
expeditiously.”
2. Briefly put, the case of the petitioners is as
follows: The Ist petitioner is the supplier of bakery goods to
various bakeries by using his own vehicle. The 2nd petitioner
is an auto rickshaw driver by profession. The allegation is that
they are being harassed by the 4th respondent on the
allegation that they are members of Popular Front. It is stated
that the 4th respondent had raided the residence of the
petitioners and taken away the vehicles without issuing any
receipt.
WPC No.25265/2010 -2-
3. Learned Additional Director General of
Prosecution, on instructions, submits that petitioners are
accused Nos. 2 and 3 in Crime No.901 of 2010 of Njarakkal
Police Station for the offences under Sec.153 A read with 34
IPC. It is further submitted that only the auto rikshaw of the
2nd petitioner has been seized as it was used for carrying
material. It is submitted that it is open to the petitioner to
approach the concerned Magistrate before whom the vehicle
will be produced. It is submitted that it will be produced as
and when the documents relating to the vehicle are obtained.
It is submitted that investigation will be done in accordance
with law and there will be no other harassment of the
petitioners. We record the same and dispose of the writ
petition reserving liberty to the petitioners to approach the
competent forum seeking release of the vehicle.
(K.M.JOSEPH)
JUDGE.
(M.L.JOSEPH FRANCIS)
JUDGE.
MS