E.V.THOMAS @ SAJI, S/O V.M.VARGHESE versus THE DISTRICT SUPERINTENDENT OF POLICE

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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E.V.THOMAS @ SAJI, S/O V.M.VARGHESE v. THE DISTRICT SUPERINTENDENT OF POLICE - WP(C) No. 24127 of 2007(V) [2007] RD-KL 16167 (21 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24127 of 2007(V)

1. E.V.THOMAS @ SAJI, S/O V.M.VARGHESE,
... Petitioner

Vs

1. THE DISTRICT SUPERINTENDENT OF POLICE,
... Respondent

2. THE SUB INSPECTOR OF POLICE,

3. N.K.DEVADASAN, NAMPIYAOKULANGARA,

For Petitioner :SRI.A.SHAFEEK

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :21/08/2007

O R D E R

R.BASANT, J

W.P(C).No.24127 of 2007

Dated this the 21st day of August, 2007

JUDGMENT

The grievance of the petitioner is that he is being unnecessarily harassed for the short reason that he was registered owner of a motorcycle bearing Reg.No.KL-4A-7544. He had disposed of that vehicle as early as in 1993. Because the registration has not been transferred, the police enquiring into an accident case registered a crime as Crime No.492 of 2005 is unnecessarily harassing the petitioner. It is, in these circumstances, that the petitioner has come to this Court with this Writ Petition.

2. Notice was given. The learned Government Pleader after taking instructions submits that the Investigating Officer shall now consider in detail whether the petitioner had anything to do with the vehicle on the date when the alleged offence was committed. There is nothing to show that there was a transfer and that is why attempts were made to contact the petitioner, submits the learned Government Pleader .

3. I accept the submissions of the learned Government Pleader on behalf of the Investigating Officer that proper investigation shall be conducted to ascertain whether the petitioner had any  W.P(C).No.24127 of 2007 2 linkage or nexus with the vehicle on the date of the accident and whether he had transferred the ownership of the vehicle to the transferee before the date of the accident in the case.

4. The learned counsel for the petitioner submits that the petitioner is satisfied with that submission made by the learned Government Pleader. That submission of the learned Government Pleader is taken note of and hereby recorded. No further directions are necessary in this Writ Petition now. This Writ Petition is accordingly dismissed as agreed.

(R.BASANT, JUDGE)

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