Dileepkumar vs State Of Kerala
2023 Latest Caselaw 774 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                        WP(C) NO. 27726 OF 2020
PETITIONER:

          DILEEPKUMAR
          AGED 58 YEARS
          S/O APPAYI, ARUKUZHIYIL HOUSE, JANAKIYA ROAD,
          VADUTHALA, CHERANELOOR, ERNAKULAM, KOCHI-6820023.
          BY ADVS.
          RADHAKRISHNA PILLAI.G.
          SRI.T.A.SHAIN
RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, HOME DEPARTMENT,
          SECRETARIAT, TRIVANDRUM,PIN-695001.
    2     THE SUB INSPECTOR OF POLICE,
          ERNAKULAM, TOWN NORTH POLICE STATION,
          ERNAKULAM, KOCHI-682018.
    3     THE STATION HOUSE OFFICER,
          ERNAKULAM, TOWN NORTH POLICE STATION,
          ERNAKULAM, KOCHI-682018.
    4     CITY POLICE COMMISSIONER,
          ERNAKULAM, PIN-682035.
          SRI.T.K.SHAJAHAN, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27726 OF 2020

                                        2




                                JUDGMENT

Dated this the 12th day of January, 2023

This writ petition is filed seeking the following prayers:

"(i) issue a writ of mandamus or such other writ or direction, directing the 2nd respondent no to harras the petitioner pursuant to the crime no.619/2020 in CC No.517/2020 of CJM Court, Ernakulam till the disposal of the writ petition.

(ii) issue a writ of mandamus or such other writ or direction, directing the 4th respondent to consider and pass appropriate order in Exhibit P4 complaint filed by the petitioner after giving a reasonable opportunity of being heard."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

respondents are unnecessarily harassing the petitioner with regard to

parking of a scooter.

4. A statement has been placed on record by the 3rd respondent

stating that the petitioner is the accused in Crime No.619/2020 under

Section 283 of the Indian Penal Code and Section 120(b) of the Kerala

Police Act registered by the Ernakulam Town North Police Station and WP(C) NO. 27726 OF 2020

also is the counter petitioner in petition No.946/2020/ETN of the

Ernakulam Town North Police Station. The issue is with regard to

parking of a scooter. It is stated that the charge sheet against the

accused has been submitted before the ACJM Court, Ernakulam as C.C.

No.517/2020 and the case has been finally disposed of.

In the above view of the matter, I am of the opinion that there is

no harassment meted out to the petitioner as alleged. This writ petition

is, accordingly, closed.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 27726 OF 2020

APPENDIX OF WP(C) 27726/2020

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE PHOTO OF THE HOUSE WHEREIN THE PETITIONER IS RESIDING ALONG WITH HIS FAMILY. EXHIBIT P2 TRUE PHOTOCOPY OF THE JANAKEEYA ROAD EXHIBIT P3 TRUE COPY OF THE FIR NO.619/2020 OF ERNAKULAM TOWN POLICE STATION DATED 19.07.2020 EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 21.07.2020 FILED BEFORE THE 4TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE PETITION FILED BY THE PETITIONER NUMBERED AS CMP NO.706/2020 BEFORE THE ADDITIONAL ACJM ERNAKULAM DATED 21.08.2020 EXHIBIT P6 TRUE COPY OF THE CMP NO.900/2020 DATED 23.10.2020.

RESPONDENTS' EXHIBITS: NIL