V K ABDUL ASELIS Vs. STATE OF KERALA

JUDGEMENT

(1.) The Petitioner has come to this Court complaining about harassment by the police and seeking directions under Article 226 of the Constitution to put an end to such an undeserved harassment.

(2.) According to the Petitioner, he owes allegiance to the Left Democratic Front which is in the opposition in the State now. The 2nd Respondent has animus against the Petitioner and he had sworn that he shall take action against the Petitioner when the climate is opportune. It is the grievance of the Petitioner that since the L.D.F. has ceased to be in power and another political out fit has come into the power, the 2nd Respondent is using the opportunity to vex and harass the Petitioner. A Crime No. 371/11 of Mathilakam Police Station, inter alia, under Sections 506(i) and 427 read with Section 34 IPC was registered and the Petitioner was falsely arrayed as an accused in that crime. The Petitioner surrendered before the learned Magistrate and was released on bail. The 2nd Respondent, who did not hence get an effective opportunity to vex and harass the Petitioner on the basis of that crime, is now attempting to harass the Petitioner. It is, in these circumstances, that the Petitioner came to this Court seeking directions under Article 226 of the Constitution.

(3.) The learned Government Pleader has entered appearance for Respondents 1 and 2. The learned Government Pleader submits that action has been taken by the police strictly in accordance with law. Crime Nos. 371/11 has been registered and action in accordance with law alone was taken in that crime. Subsequently a later crime has been registered as Crime No. 497/11 under Section 107 Code of Criminal Procedure and action is being taken against the Petitioner herein strictly in accordance with law. The learned Government Pleader, on behalf of Respondents 1 and 2, submits that legal action initiated against the Petitioner in Crime Nos. 371 and 497/11 of Mathilakam Police Station cannot, by any stretch of imagination, be described or reckoned as harassment by the police. If the Petitioner has any grievance against such action initiated in accordance with law by the police, the Petitioner would be well advised to seek remedy in accordance with law from courts of law-to get the FIR and further proceedings quashed. At any rate, the learned Government Pleader undertakes that there shall be no action whatsoever on the part of the 2nd Respondent against the Petitioner except the legal action in the two crimes registered. These submissions may be accepted and proceedings may be discontinued, submits the learned Government Pleader.