Kerala High Court
Francis Devassia(Johny) vs Sub Inspector Of Police on 7 May, 2012
Author: K.M.Joseph
Bench: K.M.Joseph, K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HONOURABLE MR.JUSTICE K.HARILAL
MONDAY, THE 28TH DAY OF MAY 2012/7TH JYAISHTA 1934
WP(C).No. 11606 of 2012 (A)
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PETITIONER(S):
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FRANCIS DEVASSIA(JOHNY), AGED 55 YEARS
S/O.DEVASSIA, PAREECKAL HOUSE, RAJAMUDY P.O
UPPUTHODU VILLAGE,
UDUMPANCHOLA TALUK
BY ADV. SRI.T.V.GEORGE
RESPONDENT(S):
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1. SUB INSPECTOR OF POLICE
MURICKASSERY, IDUKKI DISTRICT-685602.
2. SUPERINTENDENT OF POLICE
IDUKKI, PAINAVU-685602.
3. SMT.SUSY, CHALAMARATHINKAL
W/O.LATE VARGHESE, RAJAMUDY P.O, UPPUTHODU VILLAGE
UDUMPANCHOLA TALUK-685554.
4. SMT.MARY, PUTHENPURACKAL HOUSE,AGED 68 YEARS
RAJAMUDY P.O, UPPUTHODU VILLAGE, UDUMPANCHOLA TALUK.
PIN-685554.
R1 & R2 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11606 of 2012 (A):
PETITIONER'S EXHIBITS:
EXT.P1.TRUE COPY OF THE COMPLAINT DATED 7.5.2012 FILED BY PETITIONER
BEFORE THE 2ND RESPONDENT.
K.M.JOSEPH & K. HARILAL, JJ.
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W.P.(C) No.11606 of 2012-A
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Dated, this the 28th day of May, 2012
J U D G M E N T
K.M.Joseph, J.
Petitioner has approached this Court complaining of harassment by police. The prayer sought in the writ petition reads as under:
"i) issue a writ of mandamus commanding the Ist respondent not to harass the petitioner any further, in any manner including implicating him in false cases, in connivance with respondents 3 and 4."
2. Briefly put, the case of the petitioner is as follows:
Petitioner is a social worker and an LIC agent. He is also the Ward President of Indian National Congress. Respondents 3 and 4 are neighbors of the petitioner. Respondents 3 and 4 are nurturing enmity towards the petitioner on the basis of some misunderstandings. On 14.4.2012, there was an incident wherein the petitioner's neighbors were seriously assaulted and injured by some persons. Petitioner along with his neighbors taken them to the hospital. A case was registered against the four persons mentioned in the writ petition. It is further stated that, media people came to the hospital and collected details about the incident. It was WPC 11606/2012 -2- projected in the media. The first respondent wrongly entered into an impression about the petitioner. So also, respondents 3 and 4 wrongly presumed that 3rd respondent's son was arrested by the police at the instance of the petitioner. Petitioner filed Ext.P1 complaint before the 2nd respondent. Petitioner apprehends that he will be implicated in false cases and will be harassed by the Ist respondent in collusion with respondents 3 and 4. Hence, the petition.
3. Today, when the matter came up, the learned Government Pleader, on instructions, submits that, no complaint is received against the petitioner and no crime has also been registered against the petitioner. It is submitted that the petitioner was not called to the police station also.
In such circumstances, recording the submission of the learned Government Pleader, we close the Writ Petition (Civil).
(K.M.JOSEPH) JUDGE.
( K. HARILAL) JUDGE.
MS