Arunkumar K S vs The Inspector Of Police, (Sho)
2023 Latest Caselaw 7663 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                   WP(C) NO. 22986 OF 2023
PETITIONER:

          ARUNKUMAR K S
          AGED 33 YEARS, S/O. SUDHAKARAN,
          AMBANATTU, OCHIRA P.O., OCHIRA VILLAGE,
          KOLLAM DISTRICT, PIN - 690526
          BY ADVS.
          KRISHNADAS P. NAIR
          K.L.SREEKALA
          HARIDAS P.NAIR
          K.G.MANOJ KUMAR
          M.A.VINOD
          SHINTO THOMAS
          M.RAJESH KUMAR
          PRASOON.K.P
          ANU PRABHAKAR

RESPONDENTS:

    1     THE INSPECTOR OF POLICE, (SHO)
          AMBALAPUZHA POLICE STATION, ALAPUZHA DISTRICT-,
          PIN - 688561
    2     THE DEPUTY SUPERINTENDENT OF POLICE,
          AMBALAPUZHA, ALAPUZHA DISTRICT, PIN - 688561
    3     THE DEPUTY SUPERINTENDENT OF POLICE
          DISTRICT SPECIAL BRANCH,
          ALAPUZHA DISTRICT, PIN - 688001
    4     THE SUPERINTENDENT OF POLICE,
          ALAPUZHA DISTRICT, PIN - 688001
    5     THE DIRECTOR GENERAL OF POLICE,
          STATE OF KERALA,
          THIRUVANANTHAPURAM-, PIN - 695010
          ADV.RAJEEV JYOTHISH GEORGE, GP



    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.22986/2023

                                     2




                      P.V.KUNHIKRISHNAN, J.
                       --------------------------------
                      W.P.(C).No.22986 of 2023
                ----------------------------------------------
               Dated this the 14th day of July, 2023


                               JUDGMENT

This writ petition is filed with following prayers:

i) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 to 4 to stop the threat and harassment against the petitioner;

ii) Issue a writ mandamus or other appropriate writ, order or direction directing the 4th respondent to take appropriate action on Exhibit P1.

iii) Issue such other writ, order or direction that this Hon'ble court may deem fit and proper in the facts and circumstances of the case.

(SIC)

2. The main prayer in this writ petition is to issue

appropriate direction to respondents 1 to 4 to stop the threat

and harassment against the petitioner by the Police

authorities.

3. Heard the learned counsel for the petitioner and WP(C).No.22986/2023

the learned Government Pleader.

4. The petitioner admits that there is a criminal case

registered against the petitioner. The counsel for the

petitioner submitted that the Police is harassing the petitioner

based on the criminal case. The Government Pleader

submitted that the petitioner has got criminal antecedents and

the Police is acting only in accordance with Cr.P.C. and if the

presence of the petitioner is necessary, a notice under Section

41A Cr.P.C. will be issued.

Therefore, this writ petition is disposed of in the

following manner:

If the presence of the petitioner is necessary

in connection with any criminal case or petition, a

notice under Section 41A Cr.P.C. shall be issued to

the petitioner.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.22986/2023

APPENDIX OF WP(C) 22986/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PETITIONS FILED BEFORE THE RESPONDENTS ON 11.7.2023