Jose vs Sub Inspector of Police, The Superintendent of Police and State of Kerala

S. Siri Jagan, J.—The Police registered a crime in the year 1997, for alleged commission of offences punishable under Sections 452 and 324 read with Section 34 of the Indian Penal Code against the petitioner''s sister Smt. Rosamma and her husband. Ever since then the petitioner''s sister Rosamma is not heard of. Consequently, the case against Rosamma was split up and transferred to long pending cases as L.P.C. No. 20/2002. Her husband stood trial and he was acquitted by the Judicial First Class Magistrate''s Court, Mattannur. The petitioner''s grievance now is that in the name of enquiring about the petitioner''s sister, respondents 1 and 2 are harassing the petitioner. According to the petitioner, there is no need to even question the petitioner since for the last 13 years the petitioner''s sister was not even heard of. The petitioner therefore seeks a direction to the first respondent not to harass the petitioner and his other relatives in connection with the LPC No. 20/2002 pending before the Judicial First Class Magistrate''s Court, Mattannur against his sister Smt. Rosamma.

We have heard the learned Government Pleader also. The learned Government Pleader submits that the first respondent was only trying to trace out the petitioner''s sister and in the process the petitioner has only been questioned as to the whereabouts of his sister Rosamma so as to proceed with the criminal case against her. We specifically asked the learned Government Pleader as to whether the first respondent has any information that the petitioner''s sister had at any time contacted the petitioner during the last 13 years. The learned Government Pleader could not give us any satisfactory answer in respect of the same. Therefore, we are of opinion that without any information regarding such contact between the petitioner and his sister Rosamma or any concrete information that the petitioner knows about the whereabouts of his sister Smt. Rosamma, the petitioner could not have been questioned in the matter.

In the above circumstances, we are of opinion that if the first respondent wants to question the petitioner regarding his sister, the first respondent shall obtain appropriate orders in respect thereof from the Judicial First Class Magistrate''s Court, Mattannur, without which the first respondent shall not question the petitioner.

With the above direction, this writ petition is disposed of.