IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25959 of 2008(M)
1. NOUSHAD.A, S/O.ALI AHMMED,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE KADAKKAVUR
... Respondent
2. CIRCLE INSPECTOR OF POLICE KADAKKAVUR
3. DEPUTY SUPERINTENDENT OF POLICE
4. STATE OF KERALA REP. BY
For Petitioner :SRI.R.ANILKUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :10/11/2008
O R D E R
K.BALAKRISHNAN NAIR &
M.C.HARI RANI, JJ.
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W.P.(C) NO. 25959 OF 2008-M
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Dated 10th November, 2008.
JUDGMENT
Balakrishnan Nair, J.
The petitioner submits, some persons wrongfully restrained him
and took by force Rs.8600/- and also a gold ring. Though he
complained before the police, no action was taken, because the culprits
were the relatives of the 3rd respondent Deputy Superintendent of
Police. Later, the police registered a crime, when the complaint was
forwarded by the Judicial First Class Magistrate’s Court, Varkala under
Section 156(3) of the Cr.P.C. While so, the police on 19.8.2008 took
into custody a pick-up van purchased by him. His brother-in-law was
taken into custody along with the vehicle. They are threatening the
petitioner to compromise the crime registered against the relatives of
the 3rd respondent earlier. The petitioner submits, every day policemen
are coming to his house and threatening him. For release of the
WPC 25959/08 2
vehicle, he moved the learned Magistrate by filing Ext.P2 petition and
obtained Ext.P3 order, directing release of the vehicle. The petitioner is
being threatened and harassed incessantly by the police officers.
Therefore, this writ petition is filed, seeking appropriate reliefs.
2. A statement has been filed by the 2nd respondent, stating that
the petitioner was running a chitty. After collecting substantial
amounts from several persons, he disappeared. A complaint was
received in the police station that the petitioner’s vehicle was being
used for transporting stolen manchiyam pieces. On reaching the spot,
the police found a vehicle without registration abandoned there. So, it
was taken to the police station. Pursuant to Ext.P3 order, the vehicle
has been released to the brother-in-law of the petitioner, who appeared
on behalf of the petitioner. The police denied the allegations against
them. The learned Government Pleader also submitted that the police
have no intention to harass the petitioner. We record the above
submission. If the petitioner’s presence is required, he may be served
with notice under Section 160 of the Cr.P.C.
WPC 25959/08 3
The Writ Petition is disposed of as above.
K.BALAKRISHNAN NAIR, JUDGE.
M.C.HARI RANI, JUDGE.
Nm/