IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 15462 OF 2022
PETITIONER:
MUHAMMED MUSTHAFA K.P
AGED 24 YEARS
S/O ASARAF, KUTTIYATTIL VALAPPIL HOUSE, KADAKASSERY
DESOM, NEAR ENGLISH IDEAL COLLEGE, THAVANUR PO,
MALAPPURAM DT. PIN 679573.
BY ADV SHOBY K.FRANCIS
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE/ STATE POLICE CHIEF
OFFICE OF THE DGP, POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM.695001.
2 DISTRICT POLICE CHIEF/ SUPERINTENDENT OF POLICE,
OFFICE OF THE SP OF POLICE, DISTRICT POLICE OFFICE, UP
HILL, MALAPPURAM. PIN-676505.
3 DEPUTY SUPERINTENDANT OF POLICE,
OFFICE OF THE DY.SP. TIRUR PO, MALAPPURAM. PIN-676101.
4 CIRCLE INSPECTOR OF POLICE,
SHO KUTTIPPURAM, KUTTIPPURAM PO, MALAPPURAM DT. PIN
679571
5 SASEENDRAN MELAYIL,
55 YEARS, CIRCLE INSPECTOR OF POLICE, SHO, KUTTIPPURAM
POLICE STATION, KUTTIPPURAM PO, MALAPPURAM DT. PIN
679571.
6 SCPO JAYAPRAKASH 4500,
KUTTIPPURAM POLICE STATION, KUTTIPPURAM PO, MALAPPURAM
DT. PIN 679571.
7 CPO NISHAD J,
5280, KUTTIPPURAM POLICE STATION, KUTTIPPURAM PO,
MALAPPURAM DT. PIN 679571
8 CPO SUMESH 5633,
KUTTIPPURAM POLICE STATION, KUTTIPPURAM PO, MALAPPURAM
DT. PIN 679571
9 CPO ALEX 5384,
KUTTIPPURAM PỚLICE STATION, KUTTIPPURAM PO, MALAPPURAM
DT. PIN 679571
BY SRI.PREMCHAND R NAIR-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.15462 OF 2022
2
JUDGMENT
Dated this the 1st day of June, 2022 This writ petition is filed seeking the following reliefs:
"I) Issue a writ of mandamus directing the respondents 4 to 9 not to harass the petitioner nor his mother and wife under the guise of a seizure of vehicle alleging illegal transportation of river sand charging offence punishable under Section 379 and Sections 20 and 23 of the KPRB & RRS Act-2002 in a case where the petitioner is neither the RC owner of the vehicle involved in crime nor its driver. II) Issue a writ of mandamus directing the 4th respondent to issue notice under Section 41A of the Code of Criminal Procedure, when the police wanted the petitioner in a case where the vehicle is seized alleging illegal transportation of river sand. III) Issue a writ of mandamus directing the respondents 1 to 3 to take appropriate action against the respondents 4 to 9 on the basis of Exhibit P8 complaint submitted by the petitioner. IV) Issue a writ of mandamus directing the respondents 4 to 9 to not implicate the petitioner as accused, in a case wherein the petitioner is neither the owner nor the driver of the vehicle seized.
V) Issue a writ of mandamus directing the respondents 1 to 3 to consider and pass orders on WP(C) NO.15462 OF 2022 3 the Exhibit P8 complaint submitted by the petitioner within a time limit."
2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader.
3. It is submitted by the learned counsel appearing for the petitioner that the 5th respondent, who is having personal enmity towards the petitioner, has charged more than ten crimes against the petitioner from the date on which he took charge as Circle Inspector in the Kuttippuram Police Station. It is further submitted that complaining of the actions of the 5th respondent, the petitioner has preferred Exhibit P8 representation before the District Police Chief, which is liable to be considered in accordance with law.
4. A statement has been placed on record by the SHO, Kuttippuram Police Station, as directed by this Court. It is submitted that the petitioner is an accused in more than 16 crimes, which include WP(C) NO.15462 OF 2022 4 ordinary theft, illegal sand transportation and use of narcotic drugs and several other offences. It is submitted that only two of the crimes were registered while the 5th respondent was the Circle Inspector and the rest of the crimes had been registered long prior to the 5th respondent being transferred and posted as the Circle Inspector. It is further submitted that the contentions raised in the writ petition are incorrect.
Having considered the contentions advanced on either side, I am of the opinion that the 2nd respondent, before whom Exhibit P8 representation submitted by the petitioner is pending, has to consider the same and take an appropriate decision, taking note of the contentions raised by the petitioner as also the contentions of the 5th respondent as evident from the statement placed on record. Without expressing any view on the merits of the matter, there will be a direction to the 2 nd respondent to take up Exhibit P8, consider and pass WP(C) NO.15462 OF 2022 5 orders on the same after considering the contentions of the petitioner as well as the explanation of the 5 th respondent as is evident from the statement. Appropriate orders shall be passed within a period of six weeks from the date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN JUDGE SSK/01/06 WP(C) NO.15462 OF 2022 6 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT DATED 9-11-2019 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 941/2019 TO THE PETITIONER Exhibit P2 TRUE COPY OF RECEIPT DATED 19-11-2019 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 1221/2019 TO THE PETITIONER. Exhibit P3 TRUE COPY OF RECEIPT DATED 23-12-2020 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 988/2020 TO THE PETITIONER.
Exhibit P4 TRUE COPY OF RECEIPT DATED 16-9-2021 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 304/2021 TO THE PETITIONER.
Exhibit P5 TRUE COPY OF THE RECEIPT DATED 13-9-2021 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 450/2021 TO THE PETITIONER Exhibit P6 TRUE COPY OF THE RECEIPT DATED 13-9-2021 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 869/2021 TO THE PETITIONER.
Exhibit P7 TRUE COPY OF FINAL REPORT DATED 30-8-2021 IN CRIME NO. 507/2020 OF KUTTIPPURAM POLICE.
Exhibit P8 TRUE COPY OF COMPLAINT DATED 4-5-2022 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 1 TO 3 RESPONDENTS' EXHIBITS: NIL SSK //TRUE COPY// PA TO JUDGE