Disposed

Prince L. v. State of Kerala and Others

Kerala HC12 Aug 2010WP(C)/24002/2010

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition alleging police harassment against a mason belonging to a Scheduled Caste. The court instructed respondents to investigate upon receiving a new complaint regarding trespass and abuse, with a proviso to issue notice under Section 160 Cr.P.C. if the petitioner's presence is needed, while also allowing the petitioner to pursue prior representations.

What did the court decide?

Writ petition disposed; police to investigate per law but issue Sec.160 Cr.P.C. notice if petitioner's presence needed.

Prince L. Vs State of Kerala and Others — Constitutional and Fundamental Rights | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS

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THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932

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WP(C).No. 24002 of 2010(A)

PETITIONER(S):

PRINCE.L., AGED 21 YEARS, S/O.RAJAMONY, AMBALATHUVILA VEEDU, KARATHARA, PALACHIRA.P.O., CHERUNNIYOOR.

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BY ADV. SRI.RAJESH. K.RAJU

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SRI.INNOCENT FRANCIS PAPALI

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RESPONDENT(S):

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THE STATE OF KERALA, REPRESETNED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM.

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THE SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM.

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THE CIRCLE INSPECTOR OF POLICE, VARKALA POLICE STATION, THIRUVANANTHAPURAM DITRICT.

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THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, THIRUVANANTHAPURAM DITRICT.

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GIRIJA.O., GIRIJA VILASAM, KARATHALA, PALACHIRA.P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT-695 143.

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R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.

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W.P.(C) No.24002 of 2010-A

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Dated, this the 12^th day of August, 2010

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J U D G M E N T

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K.M.Joseph, J.

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Petitioner has approached this Court complaining of harassment by respondents 3 and 4. Briefly put, the case of the petitioner is as follows: Petitioner is a mason by profession. He and his family belong to Scheduled Caste community and are below the poverty line. It is stated that the 5^th respondent had previous enmity towards the petitioner and due to false information police came to the residence of the petitioner. Petitioner filed bail application which culminated in Ext.P1 order wherein the submission of the learned Public Prosecutor that no crime is registered against the petitioner has been recorded and the application was closed. It is stated that in spite of Ext.P1 order the harassment continues. Ext.P2 and Ext.P3 are the representation and complaint filed before the 2^nd respondent.

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Learned Government Pleader, on instructions, submits that, after Ext.P1 a complaint was received from one

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WPC No.24002/2010 -2-

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Shaji alleging that the petitioner has trespassed into his property and abused his wife and other relatives in an intoxicated state. Learned Government Pleader would submit that there will be no harassment as such, but the official respondents shall proceed investigation in accordance with law and that if presence of the petitioner is necessary, it will be preceded by notice under Sec.160 Cr.P.C. Besides recording the same, we also leave it open to the petitioner to take appropriate steps before appropriate forum. We also leave it open to the petitioner to pursue with Ext.P2 representation and P3 complaint.

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The writ petition is disposed of as above.

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(K.M.JOSEPH) JUDGE.

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(M.L.JOSEPH FRANCIS) JUDGE.

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Prince L. v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

Prince L. v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

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