Writ petition of 2020 alleging police harassment and seeking a direction to register FIR on the second petitioner's complaints was dismissed as infructuous, since petitioners did not allege continuing harassment; liberty reserved to approach the Court again if necessary.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945
WP(C) NO. 13148 OF 2020
PETITIONERS:
1 MOLLY JOHNYAGED 56 YEARS, W/O. JOHNY, RESIDING AT KUTTIKAPARAMBIL HOUSE, MANJUMMAL P. O., ERNAKULAM.2 ANTONY MICHAELAGED 35 YEARS, S/O. JOHNY,
RESIDING AT KUTTIKAPARAMBIL HOUSE, MANJUMMAL P. O.,
ERNAKULAM.
BY ADVS.
C.S.MANU
S.K.PREMRAJ
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN - 695 001.
2 THE STATION HOUSE OFFICER ELOOR POLICE STATION, UDYOGAMANDAL P. O., ERNAKULAM DISTRICT, PIN - 683 501.3 THE COMMISSIONER OF POLICEKOCHI CITY, REVENUE TOWER, ERNAKULAM - 682 011.
4 THE ASSISTANT COMMISSIONER OF POLICE SPECIAL BRANCH, REVENUE TOWER, ERNAKULAM - 682 011.BY ADV. SRI. JUSTINE JACOB (SR GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.13148/2020
2
J U D G M E N T
This writ petition was filed in the year 2020 alleging Police harassment and for a direction to the 2nd respondent to register FIR on the basis of complaints given by the 2nd petitioner. By passage of time, it is not necessary to consider the reliefs sought in the writ petition, as the petitioners have no case that the harassment is continuing even today.
Accordingly, the writ petition will stand dismissed as infructuous, reserving the liberty of the petitioners to approach this Court again, if necessary.
Sd/GOPINATH P. JUDGE
ats
W.P(C).No.13148/2020
3
APPENDIX OF WP(C) 13148/2020
PETITIONERS’ EXHIBITS
EXHIBIT P1TRUE COPY OF THE DISCHARGE SUMMARY DATED
20.05.2020 ISSUED FROM THE ST. JOSEPH'S
HOSPITAL, MANJUMMAL TO THE SECOND PETITIONER.
EXHIBIT P2A TRUE COPY OF THE COMPLAINT DATED 30.05.2020
SUBMITTED BY THE SECOND PETITIONER TO THE
SECOND RESPONDENT.
EXHIBIT P3TRUE COPY OF THE COMPLAINT DATED 03.06.2020
SUBMITTED BY THE SECOND PETITIONER BEFORE THE
THIRD RESPONDENT.
EXHIBIT P4TRUE COPY OF THE COMPLAINT DATED 08.06.2020
SUBMITTED BY THE SECOND PETITIONER BEFORE THE
FOURTH RESPONDENT.
EXHIBIT P5TRUE COPY OF THE LETTER DATED 08.06.2020 SENT
BY THE SECOND PETITIONER TO THE SECOND
RESPONDENT.
1 issue framed by the court
Whether the Court should direct registration of FIR on complaints alleging police harassment when the alleged harassment is no longer continuing?
Molly Johny
Antony Michael
State of Kerala represented by its Secretary, Department of Home
Station House Officer, Eloor Police Station
Commissioner of Police, Kochi City
Assistant Commissioner of Police, Special Branch
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court