POULOSE P A Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner has come to this court complaining of harassment by the police. He prays that directions may be issued under Article 226 of the Constitution by this court to put an end to such harassment and vexation meted out to him.

(2.) ACCORDING to the petitioner, his brother had 50 cents of property in Kasargod. The petitioner resides at Ernakulam. The petitioner had allegedly purchased 20 cents out of the said 50 cents by two documents executed by his brother in his favour in 1998 and 2000. His brother expired in 2004. ACCORDING to the petitioner, the petitioner continued to retain possession of 20 cents of land assigned in his name by his brother. Remaining 30 cents of his property continued to remain with his brother and on his death his legal heirs (including the third respondent, his wife) have inherited that property.

(3.) THE learned Government Pleader has entered appearance for respondents 1, 2 and 6. THE learned Government Pleader confirms that the petitioner is only a witness in the crimes registered and no crime has been registered against the petitioner. THE two crimes registered are consolidated and investigation is in progress. THE petitioner will not be vexed or harassed at all. According to the learned Government Pleader, if the presence of the petitioner is required in connection with the crimes registered, he shall be issued proper notice in accordance with law before insisting of his presence. THEre shall be no attempt on the part of the investigating officers to compel the petitioner to yield to any terms and surrender his rights. THE learned Government Pleader on behalf of respondents 1, 2 and 6 undertakes that if the presence of the petitioner is required in connection with the crime registered, he shall be issued notice in accordance with law. THEre shall be no harassment or vexation of the petitioner. THE petitioner who figures only as a witness in the crime registered must co-operate with the police for the proper investigation. No specific directions under Article 226 are necessary, submits the learned Government Pleader.