Kerala High Court
Girishkumar @ Kannan vs State Police Chief on 23 May, 2014
Author: Manjula Chellur
Bench: Manjula Chellur, P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 23RD DAY OF MAY 2014/2ND JYAISHTA, 1936
WP(C).No. 12975 of 2014 (V)
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PETITIONERS :
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1. GIRISHKUMAR @ KANNAN,
S/O. RAMACHANDRAN, AGED 36 YEARS,
KOTTILAPARAMBIL HOUSE
THIRUMITTAKODE P.O., KOOTTANADU VIA
PALAKKAD DISTRICT.
2. RAJESHKUMAR,
S/O.RAMACHANDRAN, AGED 36 YEARS
KOTTILAPRAMBIL HOUSE
THIRUMITTAKODE P.O., KOOTTANADU VIA
PALAKKAD DISTRICT.
3. RATHEESHKUMAR,
S/O. RAMANCHANDRAN, AGED 36 YEARS,
KOTTILAPARAMBIL HOUSE
THIRUMITTAKODE P.O., KOOTTANADU VIA
PALAKKAD DISTRICT.
BY ADVS.SRI.A.J.VARGHESE
SRI.FIROZ K.ROBIN
RESPONDENTS :
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1. STATE POLICE CHIEF
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001.
2. STATION HOUSE OFFICER,
CHALLISSERY POLICE STATION, CHALISSERY, PATTAMBI
PALAKKAD DISTRICT - 679 303.
3. STATION HOUSE OFFICER
THIRUVALLA POLICE STATION, THIRUVALLA - 689 101.
4. SMITHA NAIR,
W/O. MANU P. NAIR, OORAYIL HOUSE, OATHARA
VALLAMKULAM, THIRUVALLA - 689 101.
5. MANU P. NAIR
OORAYIL HOUSE, OATHARA, VALLAMKULAM
THIRUVALLA - 689 101.
R1 TO R3 BY SPL. GOVT. PLEADER SRI. SUJITH MATHEW JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23-05-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mn
...2/-
WP(C).No. 12975 of 2014 (V)
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APPENDIX
PETITIONERS' EXHIBITS :
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EXHIBIT P1 : NOTICE ISSUED BY THE 3RD RESPONDENT UNDER SECTION 160 OF
THE CR. P.C TO THE 1ST PETITIONER.
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
Mn
MANJULA CHELLUR,C.J.
&
P.V.ASHA, J.
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W.P.(C) No.12975 of 2014
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Dated this the 23rd day of May, 2014
JUDGMENT
Manjula Chellur,CJ We heard learned counsel for petitioners as well as learned Government Pleader.
2. Petitioners are before this Court complaining harassment at the hands of respondent police. According to petitioners, they approached Human Rights Commission against 2nd respondent, therefore, a false case is registered.
3. As per submission of Government Pleader, on the private complaint lodged by 4th respondent before Thiruvalla Magistrate's Court, reference under Section 156(3) Cr.P.C was made to the Police Station for investigation. In that connection, notice under Section 160 Cr.P.C came to be served on 1st petitioner, directing him to be present before 3rd respondent for investigation. Instead of appearing before police, he is before this Court.
W.P.C. No.12975 of 2014 2
4. According to petitioners, since no date is indicated they were confused. 1st petitioner also relies on Ext.P1 in support of his contention.
5. Even if no date is indicated, nothing prevented 1st petitioner to approach the police and inform them that no date was indicated and when he should appear before the police. He could have also called the police station to enquire the same. But instead of doing that, he has rushed before this Court.
6. In the light of above observations, we direct 1st petitioner to appear before the Investigating Officer in order to investigate into the case referred by learned Magistrate. He is at liberty to take his Advocate with him when he appears before the Investigating Officer.
With these observations, this writ petition is closed.
MANJULA CHELLUR, CHIEF JUSTICE P.V.ASHA, JUDGE.
sj 24/05