M.V.Alias vs The District Police Chief
2021 Latest Caselaw 45 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                      WP(C).No.21362 OF 2020(U)


PETITIONER:

               M.V.ALIAS,
               AGED 42 YEARS
               S/O. VARKEY, MANIYELI HOUSE, THURUTHI P.O.,
               KURUPPAMPADY, ERNAKULAM DISTRICT

               BY ADV. SHRI.GEORGE SEBASTIAN

RESPONDENTS:

      1        THE DISTRICT POLICE CHIEF
               ERNAKULAM (RURAL), AT ALUVA, PIN-683 101

      2        THE DEPUTY POLICE SUPERINTENDENT,
               SPECIAL BRANCH, OFFICE OF THE DEPUTY POLICE
               SUPERINTENDENT, ERNAKULAM (RURAL) AT ALUVA,
               PIN-682 101

      3        THE ADDITIONAL SUPERITENDENT OF POLICE,
               OFFICE OF THE DISTRICT POLICE CHIEF, ERNAKULAM
               (RURAL) AT ALUVA, PIN-682 101

      4        THE DY.S.P. PERUMBAVOOR,
               DY.S.P.OFFICE, PERUMBAVOOR,IN-683 542

      5        THE STATION HOUSE OFFICER,
               KURUPPAMPADY POLICE STATION, KARUPPAMPADY,
               ERNAKULAM ,PIN-683 545

      6        THE REVENUE DIVISIONAL OFFICER,
               THE REVENUE DIVISIONAL OFFICE,
               MUVATTUPUZHA,PIN-686 662


               PUBLIC PROSECUTOR SRI.RAMESH CHAND

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21362 OF 2020(U)              2




                             JUDGMENT

Exts.P3 and P4 reports submitted by the Special

Branch Dy.S.P. to his District Police Chief is

under challenge by obtaining copy of the same under

Right to Information Act. Admittedly no proceedings

were so far initiated or registered against the

petitioner. The present application hence amounts

to misuse of process of this court and premature in

its nature. The same is dismissed.

Writ petition is dismissed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE COMPLAINT DATED 28.04.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 17.08.2020 FILED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT

EXHIBIT P3 A TRUE COPY OF THE REPORT DATED NIL BEARING NO.693/SBA/2020/ER GIVEN BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION DATED 03.09.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE INFORMATION AVAILABLE IN THE E-COURTS PUBLISHED IN THE OFFICIAL WEBSITE IN RESPECT OF THE JUDGMENT DATED 25.09.2020 IN CRL.APPEAL NO.390/2019 OF ADDITIONAL SESSIONS COURT-II, MAVELIKKARA

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 13.03.2017 ISSUED BY DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM CITY

EXHIBIT P7 A TRUE COPY OF THE FIR IN CRIME NO.1880/2018 OF CHENGANNUR POLICE STATION

EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 02.09.2016 IN CRL.M.C.7986/2015

EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 06.02.2020 IN W.P.C NO.2151/2020

EXHIBIT P10 A TRUE COPY OF THE JUDGMENT DATED 17.12.2019 IN W.P.C N.31717/2019

EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 19.08.2015 IN CRL.M.C NO.88/2015

EXHIBIT P12 A TRUE COPY OF THE ORDER DATED 08.03.2119 IN CRL.M.A.NO.1/2019 IN CRL.M.C 1388/2019

EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 01.10.2020 IN CRL.M.A 1/2020 AND CRL.M.A.NO.4/2020 IN CRL.M.C 2662/2020

EXHIBIT P14 A TRUE COPY OF THE RELEVANT EXTRACT OF THE KERALA POLICE MANUAL

EXHIBIT P15 A TRUE COPY OF THE REPRESENTATION DATED 03.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT //TRUE COPY//

P.A. TO JUDGE