Abhijith.S.J vs State Of Kerala
2021 Latest Caselaw 16465 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                    WP(C) NO. 13982 OF 2020
PETITIONERS:

    1       ABHIJITH.S.J.
            AGED 30 YEARS
            S/O.SUNDARESAN NAIR, SANKARAMANGALAM, VILAVOORKAL,
            POTTAYIL, MALAYANKEEZHU P.O., THIRUVANANTHAPURAM -
            695 071.
    2       JAYAPRABHA V.
            AGED 59 YEARS
            W/O.SUNDARESAN NAIR, SANKARAMANGALAM, VILAVOORKAL,
            POTTAYIL, MALAYANKEEZHU P.O., THIRUVANANTHAPURAM -
            695071.
            BY ADVS.
            P.N.SUKUMARAN
            SRI.AKHIL S.VISHNU
            SRI.A.K.ARUN CHANDRAN

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY (HOME), GOVERNMENT OF
            KERALA, THIRUVANANTHAPURAM - 695 001.
    2       DIRECTOR GENERAL OF POLICE
            THIRUVANANTHAPURAM, PIN - 695 004.
    3       ZACHARIAH GEORGE IPS
            THE SUPERINTENDENT OF POLICE, WOMEN CELL, POLICE
            HEADQUARTERS, THIRUVANANTHAPURAM 695010.
    4       CHANDNI K.KUMAR
            AGED 26 YEARS, D/O.LATHAMANGESH V.L., NANDAVANAM,
            SARKARA, CHIRAYANKEEZU P.O., THIRUVANANTHAPURAM -
            695 034.
            BY ADVS.
            GOVERNMENT PLEADER SMT.REKHA.C.NAIR, SR.GP
            SRI.S.SUBHASH CHAND


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME   UP    FOR
ADMISSION    ON   05.08.2021,    THE     COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.13982/2020

                                     2




                    P.V.KUNHIKRISHNAN, J.
                      -------------------------------
                    W.P.(C).No.13982 of 2020
              ----------------------------------------------
            Dated this the 05th day of August, 2021


                               JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of Mandamus or other appropriate writ, order or direction commanding respondents 2 and 3 not to harass the petitioners at the instance of the fourth respondent.

ii. Direct the second respondent to initiate appropriate action against the third respondent for harassing the petitioner based on Exhibit-P3 submitted by the petitioner.

iii. Grant such other and further reliefs as this honourable court may deem fit and proper in the facts and circumstances of the case.

2. The 4th respondent is the wife of the 1 st petitioner.

The grievance of the petitioners is that there is police

harassment at the instance of the 4th respondent.

3. Heard the counsel for the petitioners, the W.P.(C).No.13982/2020

Government Pleader and the counsel for the 4th respondent.

4. The counsel for the petitioners reiterated the

contentions in the writ petition. The counsel submitted that

there is harassment from the Police at the instance of the 4 th

respondent. On the other hand, the counsel for the 4 th

respondent submitted that a criminal case is registered

against the petitioners and Ext.R4(b) is the FIR in which the

offences punishable under Sections 498A, 420, 511, 307 and

354 of the Indian Penal Code are alleged. The counsel for the

4th respondent submitted that the investigation is now in a

standstill because of the pendency of this writ petition. The

counsel submitted that, there is no police harassment at the

instance of the 4th respondent, as alleged. The counsel also

submitted that the harassment is other way around. The FIR

is registered against the petitioners alleging grave offences.

The Government Pleader submitted that, there is no police

harassment from the side of the police towards the petitioners.

The Police is acting only in accordance to law.

5. In the light of the above submission, I think this

writ petition can be disposed recording the submission of the

Government Pleader that there is no police harassment. I W.P.(C).No.13982/2020

make it clear that the Police is free to investigate the case

registered against the petitioners in accordance to the Code of

Criminal Procedure and the Kerala Police Act. Appropriate

action in accordance to law can be taken against the

petitioners. But, under the guise of the registration of case,

there cannot be any police harassment.

Therefore this writ petition is disposed of recording the

submission of the Government Pleader that there is no police

harassment. As I stated earlier, the Police can investigate any

case registered against the petitioners in accordance to the

Code of Criminal Procedure and the Kerala Police Act.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.13982/2020

APPENDIX OF WP(C) 13982/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF OP NO.257/2020FILED BY THE FIRST PETITIONER BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE TREATMENT RECORDS ISSUED FROM COSMOPOLITAN HOSPITAL, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE COPY OF THE COMMON PETITION DATED 02/07/2020, SEND THROUGH E-MAIL TO THE SECOND RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE COMMON PETITION DATED 02/07/2020 SEND THROUGH E-MAIL TO THE HON'BLE CHIEF MINISTER OF KERALA.

EXHIBIT-P5 TRUE COPY OF THE ORDER PASSED BY THE ADDL. SESSIONS COURT-I, THIRUVANANTHAPURAM, IN CRL.MC 1836/2020

RESPONDENTS' EXHIBITS:

EXHIBIT-R4(A) TRUE COPY OF THE PETITION DATED 16.06.2020 SUBMITTED BY ME BEFORE THE STATION HOUSE OFFICER OF THE MALAYINKIL POLICE STATION, THIRUVANANTHAPURAM EXHIBIT-R4(B) TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1462/2020 OF CHIRAYINKIL POLICE STATION