The petitioner filed a writ petition alleging police harassment. The High Court held that since a crime was registered by the respondent police and investigation is in progress, the petitioner must avail of statutory remedies. Consequently, the writ petition was disposed of without further adjudication on the merits.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 1ST DAY OF NOVEMBER 2017/10TH KARTHIKA, 1939 WP(C).No. 29244 of 2017 (E) ----------------------------
PETITIONER:
---------P.B.SALI, AGED 52 YEARS, S/O. BHASKARAN, PLASSERY HOUSE, CHERAI P.O., PROPRIETOR OF 'PANKAJ CONSTRUCTION CO'. BY ADV. SRI.M.J.SANTHOSH RESPONDENTS ---------1. THE SUPERINTENDENT OF POLICE ALUVA - 682 101. 2. THE CIRCLE INSPECTOR OF POLICE NJARAKKAL - 682 505. 3. PRAVEEN JOSE S/O. JOSE, AGED 35 YEARS, AKKANATH (H), VENGOLOPARAMBU, NJARAKKAL P.O., PRIYADHARSINI ROAD, PIN - 682 505. R1&2 BY SR. GOVERNMENT PLEADER SRI P.P.THAJUDEEN R3 BY ADV. SMT.K.P.GEETHA MANI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Antony Dominic & Dama Seshadri Naidu, JJ.
WPC No.29244 of 2017
Dated this the Ist day of November, 2017
JUDGMENT
Antony Dominic, J.
The petitioner has filed this writ petition complaining of police harassment. However, the learned Government Pleader says that on a complaint received, against the petitioner Crime No.1069 of 2017 has been registered by the second respondent and the investigation is in progress. Now that a crime has been registered and the investigation is in progress, it is for the petitioner to work out his remedies in accordance with law.
The writ petition is disposed of.
sd/- Dama Seshadri Naidu, Judge
css/ true copy
P.S.TO JUDGE
3 issues framed by the court
Whether a writ petition alleging police harassment should be disposed of when a crime is already registered and investigation is in progress.
Whether the petitioner is required to seek remedies through normal channels once criminal proceedings are initiated.
Whether this writ petition deserves to be disposed of without further hearing.
P.B.Sali
The Superintendent of Police Aluva
The Circle Inspector of Police Njarakkal
Praveen Jose
Antony Dominic
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
