Kerala High Court
Biju Kumar.D vs The Director General Of Police
Author: K.M.Joseph
Bench: K.M.Joseph, A.Hariprasad
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
SATURDAY, THE 18TH DAY OF MAY 2013/28TH VAISAKHA 1935
WP(C).No. 12895 of 2013 (J)
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PETITIONER(S):
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BIJU KUMAR.D., S/O.DASAN,
MANKALLUVILA VEEDU,
THIRUVALLAM P.O. THIRUVANANTHAPURAM.
BY ADVS.SRI.BIJU BALAKRISHNAN
SRI.T.HARINDRAN NAIR
RESPONDENT(S):
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1. THE DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014.
2. THE INSPECTOR GENERAL OF POLICE (TRAFFIC),
POLICE HEAD QUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014.
3. THE CITY POLICE COMMISSIONER,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014.
4. THE ASSISTANT COMMISSIONER,
THIRUVANANTHAPURAM CITY TRAFFIC POLICE (SOUTH DIVISION),
PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 004.
5. THE CIRCLE INSPECTOR OF POLICE,
THIRUVANANTHAPURAM CITY TRAFFIC POLICE (SOUTH DIVISION),
PATTOM P.O., THIRUVANANTHAPURAM, PIN-695 004.
Kss ..2/-
..2....
WPC.NO.12895/2013 J
6. VIJESH,
MAVUVILA PUTHENVEEDU, PUNJAKKARI,
THIRUVALLAM P.O., THIRUVANANTHAPURAM, PIN-695 027.
7. RAJIV, S/O.RAJU,
KADAKATHUVILA KONATH KIZHAKKEKARA,
SATHYAN NAGAR, ESTATE ROAD P.O, PAPPANAMCODE,
THIRUVANANTHAPURAM, PIN-695 018.
BY ADDL.ADVOCATE GENERAL SRI. P.C.IYPE
R1 TO R5 BY GOVERNMENT PLEADER SRI.DHANESH MATHEW MANJOORAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18-05-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WP(C).No. 12895 of 2013 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXT.P1- PHOTOSTAT COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE
BEARING NO.KL-01-BE-558.
EXT.P2 - PHOTOSTAT COPY OF THE INSURANCE CERTIFICATE PERTAINING TO
THE VEHICLE BEARING NO.KL-01-BE-558.
EXT.P3 - PHOTOSTAT COPY OF THE CONTRACT CARRIAGE PERMIT WITH RESPECT
TO THE SAID VEHICLE BEARING NO. KL-01-BE-558.
EXT.P4 - PHOTOSTAT COPY OF THE COMPLAINT DT.23-4-2013 SUBMITTED BY THE
PETITIONER BEFORET THE 2ND RESPONDENT.
EXT.P5 - PHOTOSTAT COPY OF THE COMPLAINT DT.13-5-2013 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P6- PHOTOSTAT COPY OF THE COMPLAINT DT.17-5-2013 SUBMITTED BY THE
PETITIONERBEFORE THE 1ST RESPONDENT.
EXT.P7 - PHOTOSTAT COPY OF THE RECEIPT DT.17-5-2013 ISSUED BY THE OFFICE
OF THE 1ST RESPONDENT.
EXT.P8 - PHOTOSTAT COPY OF THE COMPLAINT DT.17-5-2013 SUBMITTED BY THE
PETITIONER BEFORE THGE 3RD RESPONDENT.
EXT.P9- PHOTOSTAT COPY OF THE RECEIPT DT.17-5-2013 ISSUED BY THE OFFICE
OF THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS: N I L
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/TRUE COPY/
P.S.TO JUDGE
Kss
K.M.JOSEPH & A.HARIPRASAD, JJ.
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W.P.(C) No.12895 of 2013
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Dated, this the 28th day of May , 2013
J U D G M E N T
K.M.Joseph, J.
Petitioner has approached this Court complaining of police harassment.
2. In short, the case of the petitioner is as follows:
Petitioner saw two persons lying on the road after receiving injuries in an accident. The driver of the petitioner's vehicle stopped the vehicle and he along with other passengers attempted to save the life of respondents 6 and 7. They have also called 108-Ambulance and the injured persons were taken to the hospital in time. But, later respondents 4 and 5 have called the petitioner on several occasions. It is stated that petitioner reasonably believes that the attempt of respondents is to drag the petitioner and his vehicle also into the accident so as to create papers for the purpose of claiming motor vehicle insurance illegally. Petitioner submitted complaint and is before us.
W.P.(C) No.12895 of 2013 2
3. Learned Government Pleader, on instructions, would submit that crime is registered against the petitioner as Crime No.2391/13 under Sections 279, 337, 338 IPC read with Section 134 (a) and (b) of the MV Act.
4. The case of the learned counsel for the petitioner is that this incident typifies the plight of the person who makes an attempt to save the life of accident victims and the petitioner was only attempting to save life. In short, petitioner complains of unwarranted harassment by the police.
In the circumstance of this case, we dispose of the writ petition by directing the 3rd respondent to look into Ext.P8 complaint and take a decision on the same within a period of two weeks from the date of production of a copy of this judgment before him.
(K.M.JOSEPH) JUDGE.
( A.HARIPRASAD) JUDGE.
MS