Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE23D DAY OF MAY20142ND JYAISHTA, 1936 WP(C).No. 12735 of 2014 (N) --------------------------------------- PETITIONER(S): ----------------------- SAJU S, S/O SUDHAKARAN, S.S.SADANAM, EDANAD P.O. KOLLAM, NOW RESIDING AT PUITTAPPILLY PALIKKAPPILLY, OPPOSITE CHURCH OF GOD, KONTHURUTHI, THEVARA, ERNAKULAM. BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, KARIMUGAL POLICE STATION, ERNAKULAM, PIN:682 303.
2. THE CIRCLE INSPECTOR OF POLICE, TRIPPUNITHURA POLICE STATION, TRIPPUNITHURA, ERNAKULAM, PIN:682 301.
3. THE SUPERINTENDENT OF POLICE, ERNAKULAM, PIN:682 011.
4. THE COMMISSIONER OF POLICE, ERNAKULAM, PIN:682 011. BY SPECIAL GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2305-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 12735 of 2014 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF CASULTY O.P.TICKET DATED145.2014 ISSUED FROM THE TALUK HEAD QUARTERS HOSPITAL, TRIPPUNITHURA. EXHIBIT P2: TRUE COPY OF CASH BILL DATED145.2014 ISSUED FROM THE MEDICAL TRUST HOSPITAL FOR TAKING DIGITAL X-RAY AND ECG. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ MANJULA CHELLUR, C.J.
& P.V. ASHA, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 12735 OF2014- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of May, 2014 JUDGMENT
Manjula Chellur, C.J.
Heard learned counsel for the petitioner as well as learned Government Pleader.
2. On going through the records it is noticed that petitioner has differences with partners of firm by name "Build Tech Equipment Yard". Surprisingly, though entire allegation is against the partners of said firm and the employees, none of them are made as parties. The only allegation by petitioner seems to be against the respondent Police alleging that they have not taken any action on the complaint lodged by him.
3. According to learned Government Pleader, on 14.05.2014, police control room received a call from the mobile phone of petitioner informing that he was wrongfully restrained in the godown belonging to Build Tech Equipment Yard. When police went to the site, except petitioner no other person was found there. From there he was taken to Taluk Headquarters Hospital and later it was informed that he was WP(C) No. 12735 of 2014 -:2:- referred to General Hospital but they did not find him in the General Hospital. Later petitioner was summoned on 17.05.2014 to appear and give a statement. Though he appeared before the Police, he left the Station informing that he got a chest pain and by that time Magistrate concerned had referred the private complaint for investigation lodged at the hands of partners of Build Tech Equipment Yard. Under the present circumstance, we only blame the petitioner for not appearing before the police station to co-operate with the investigation into the allegations made by him. Instead of co-operating with them, petitioner is blaiming the police officers.
4. Learned Government Pleader submits, even now petitioner can appear before Police along with his advocate and give details of the instances said to have occurred on 14.05.2014 and they will investigate into the matter.
5. Under the above circumstances, we dispose of the writ petition directing the petitioner to appear before the respondent police and lodge complaint and he is also at liberty to take his advocate along with him to assist him in lodging the compliant. WP(C) No. 12735 of 2014 -:3:- In the light of above circumstances we find no good reason to implead the Build Tech Equipment Yard, as police would investigate into the complaint lodged by both the parties and do the needful in accordance with law. Manjula Chellur, Chief Justice. P.V. Asha, Judge. ttb/23/05