Riyas Babu @ Babu vs The District Police Chief
2021 Latest Caselaw 4058 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                       W.P.(C) No.602 OF 2021(A)


PETITIONER/S:

      1         RIYAS BABU @ BABU
                AGED 45 YEARS
                S/O. KARIKKUNNAN KOMU HAJI,
                KARULAYI P.O., NILAMBUR TALUK,
                MALAPPURAM DISTRICT.

      2         AL-FAD HISHAM
                AGED 28 YEARS
                S/O. SAKKEER HUSSAIN,
                PALAKKUZHIYIL HOUSE,
                KARULAYI P.O.,
                NILAMBUR TALUK,
                MALAPPURAM DISTRICT.

                BY ADV. SRI.K.RAKESH

RESPONDENT/S:

      1         THE DISTRICT POLICE CHIEF,
                MALAPPURAM, UP-HILL, MALAPPURAM DISTRICT,
                PIN-676 505.

      2         THE STATION HOUSE OFFICER
                POOKKOTTUMPADAM POLICE STATION, MALAPPURAM DISTRICT,
                PIN-679 332.

      3         NOUSHADALI
                S/O. UMMER, PALAKKAL HOUSE, PALLIPPADI, KARAKKUNNU,
                THRIKKALANGODE P.O., MANJERI, MALAPPURAM DISTRICT,
                PIN-676 127.

                R1-R2 BY GOVERNMENT PLEADER

OTHER PRESENT:

                SRI SUNIL NATH N.B.- GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.602 OF 2021(A)

                                      2

                                JUDGMENT

The petitioners, who are the residents of Karulayi in Nilambur

Taluk, has filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of mandamus commanding 1 st

respondent District Police Chief and 2nd respondent Station House

Officer to afford adequate, effective and meaningful police

protection to the life and property of the petitioners and their

family members from the 3rd respondent and his men. Going by

the averments in the writ petition, there were certain business

transactions with the petitioners and the 3 rd respondent and there

are some monetary disputes between them.

2. On 08.01.2021, when this writ petition came up for

admission, the learned Government Pleader took notice on

admission for respondents 1 and 2. Urgent notice on admission by

special messenger was ordered to the 3rd respondent, returnable

by 12.01.2021. The learned Government Pleader was directed to

get instructions. While ordering the writ petition to be listed on

12.01.2021, this Court directed the 2nd respondent Station House

Officer to ensure that there is no threat to law and order in the

locality, at the instance of 3rd respondents or his men.

3. Along with the memo filed by the learned Government W.P.(C) No.602 OF 2021(A)

Pleader the report of the 2 nd respondent Station House Officer

dated 20.01.2021, is placed on record, which reads thus:

"It is most humbly submitted that the petitioners are natives of Pookkottumpadam Police Station limit and the wife of 1st petitioner is the de facto complainant of Pokkottumpadam Police Station Crime No.441 of 2020. The 1 st respondent is the District Police Chief, Malappuram. The 2 nd respondent is the Station House Officer, Pookkottumpadam Police Station. 3rd respondent is the natives of Manjeri and he is the accused in Pookkottumpadam Police Station Crime No.441 of 2020 registered as per the complaint of the wife of 1st petitioner. On 10.11.2020 at about 18.45 a case has been registered as Crime No.441/2020 U/s 143, 147, 448, 506 r/w 149 IPC of Pookottumpadam Police Station as per the complaint filed by Subaida, who is the wife of the 1st petitioner herein. The brief of the case is that on 02.12.2020 at about 07.00 hrs, with previous enmity following financial transaction between the 1st petitioner and 3rd respondent, 3rd respondent and other 12 identifiable person formed an unlawful assembly and trespassed in the house of the 1 st petitioner where only the family members of 1st petitioner live an threatened to kill them.

Now the case in under investigation. On 08.01.2021 notice under Section 41 A CRPC have been served to the 3 accused including 3rd respondent.

It is humbly submitted before the Hon'ble Court that immediately after registering the case police patrolling was arranged from the area where the petitioners reside and constant vigil is being maintained regarding to this issue and W.P.(C) No.602 OF 2021(A)

all precautionary measures to avoid any untoward incident has been carried out from our part and is still being continuing. There is no law and order issue in the area as of now.

It is humbly submitted before the Hon'ble Court that the police force are bound to act as directed by the Hon'ble Court. Hence, the further proceedings in the matter also leaves for the relevant decision and orders of the Hon'ble Court."

4. Heard the learned counsel for the petitioners and the

learned Government Pleader appearing for respondents 1 and 2.

Despite service of notice, none appears for the 3rd respondent.

5. The Kerala Police Act, 2011 is enacted to consolidate

and amend the law relating to the establishment, regulation,

powers and duties of the Police Force in the State of Kerala and for

matters connected therewith and incidental thereto. Chapter II of

the Act deals with duties and functions of Police. Section 3 of the

Act deals with general duties of Police. As per Section 3, the Police,

as a service functioning category among the people as part of the

administrative system shall, subject to the Constitution of India

and the laws enacted thereunder, strive in accordance with the

law, to ensure that all persons enjoy the freedoms and rights

available under the law by ensuring peace and order, integrity of

the nation, security of the State and protection of human rights.

Section 4 of the Act deals with functions of Police. As per Section W.P.(C) No.602 OF 2021(A)

4, the Police Officers shall, subject to the provisions of the Act,

perform the functions enumerated in clauses (a) to (s) of Section

4. As per clause (a), the Police Officers shall enforce the law

impartially; and as per clause (b), the Police Officers shall protect

the life, liberty, property, human rights and dignity of all persons in

accordance with the law.

6. Lord Denning in 'The Due Process of law' [First Indian

Reprint 1993, Page 102] has described the role of the Police thus;

"In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice.

The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants."

7. In Manohar Lal Sharma v. Principal Secretary

[(2014) 2 SCC 532] the Apex Court held that, one of the

responsibilities of the police is protection of life, liberty and

property of citizens. The investigation of offences is one of the

important duties the police has to perform. The aim of

investigation is ultimately to search for truth and bring the W.P.(C) No.602 OF 2021(A)

offender to the book. The Apex Court reiterated the said principle

in Ankush Maruti Shinde v. State of Maharashtra [(2019) 15

SCC 470].

8. The grievance of the petitioners is the threat alleged to

have been caused by the 3 rd respondent and his men. As can be

seen from the report of the 2nd respondent Station House Officer,

which is placed on record along with the memo filed by the learned

Government Pleader, the 3rd respondent, who is a native of

Manjeri, is the accused in Crime No.441 of 2020 of the

Pookkottumpadam Police Station, which is one registered on the

complaint made by the wife of the 1st petitioner, alleging offence

under Section 143, 147, 448, 506 read with Section 149 of the

Indian Penal Code.

In such circumstances, this writ petition is disposed of with

the following directions:

(i) The 2nd respondent Station House Officer shall take

necessary steps to ensure that there is no threat to

law and order in the locality, at the instance of 3 rd

respondent or his men.

(ii) In case there is any threat to the life and property of

the petitioners from the side of 3rd respondent or his

men, the petitioners shall move the 2nd respondent W.P.(C) No.602 OF 2021(A)

Station House Officer with a request for Police

protection.

(iii) In case any such request for Police protection is made

by the petitioners, the 2nd respondent shall take

necessary action on that request, without any delay,

taking note of the statutory provisions referred to

hereinbefore and also the law laid down in the decision

referred to supra.

No order as to costs.

Sd/-

ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.602 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE FIR CRIME NO.441/2020 OF THE POOKKOTTUMPADAM POLICE STATION DATED 10.12.2020 ALONG WITH THE COMPLAINT SUBMITTED BY THE WIFE OF THE FIRST PETITIONER.