Manoj P.C vs The Circle Inspector Of Police
2021 Latest Caselaw 21372 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                      WP(C) NO. 15162 OF 2021
PETITIONER:
           MANOJ P.C, AGED 47 YEARS
           S/O. CHELLAPPAN NAIR, RESIDING GEETHANJALI, AIKKARANAD
           SOUTH VILLAGE, VADAYAMPADY, PUTHENCURZ, ERNAKULAM
           DISTRICT,PIN-

          BY ADV T.P.SANTHOSH KUMAR


RESPONDENTS:
     1     THE CIRCLE INSPECTOR OF POLICE
           PUTHENCRUZ POLICE STATION, CHOONDI, KOCHI-MADURAI-TONDI
           ROAD, PUTHENCRUZ
           ERNAKULAM DISTRICT,PN-682 308

    2     THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE
          DY.SUPERINTENDENT OF POLICE,
          CHOONDI POLICE STATION, KOCHI-MADURAI-TONDI ROAD,
          PUTHENCRUZ, AILARANAD SOUTH,ERNAKULAM DISTRICT,PN-682
          308
    3     THE SUPERINTENDENT OF POLICE (RURAL)
          POWER HOUSE JUNCTION, SUB JAIL ROAD, PERIYAR NAGAR,
          ALUVA, ERNAKULAM DISTRICT-683 101

    4     DIRECTOR GENERAL OF POLICE,
          STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
          THIRUVANANTHAPURAM-695 010

    5     DHANYA,AGED 41 YEARS, W/O.ABHILASH, KOCHIERI HOUSE,
          MALAYIDAM THURUTH, KOTHAMANGALAM, ERNAKULAM
          DISTRICT,PIN-682 021

    6     STATE OF KERALA
          REPRESENTED BY SECRETARY, HOME DEPARTMENT GOVT.
          SECRETARIAT, THIRUVANANTHAPURAM-695 001

          SRI.E.C.BINEESH- GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15162 OF 2021
                                     2

                               JUDGMENT

The petitioner alleges that his former

wife, namely the 5th respondent, is illegally

encouraging their children to file criminal

cases against him. He says that the real

intention of the 5th respondent is to extract

money from him and that the children have been

used as a tool for such purpose.

2. The petitioner says that his children

had been persuaded by the 5th respondent to file

a criminal case against him under Sections 323

and 324 of the Indian Penal Code, along with

Section 75 of the Juvenile Justice Act; and

that he and his present wife obtained Ext.P2

order of bail from the competent Court of

Session. He submits that, in spite of this,

the 2nd respondent - Deputy Superintendent of

Police, is still harassing him and his wife and

is forcing them to accede to the illegal WP(C) NO. 15162 OF 2021

demands of the 5th respondent and the children,

who are, in fact, in his permanent custody, as

per the judicial processes. The petitioner,

therefore, prays that the 2nd respondent and

the officers under his command be directed not

to harass him any further.

3. The afore submissions made on behalf of

the petitioner by his learned counsel -

Sri.C.H.Abdul Rasac, were answered by the

learned Government Pleader - Sri. E.C.Bineesh,

saying that the allegations in this writ

petition are not merely wrong, but are improper

because what the petitioner seems to be

attempting is to scuttle the investigation into

the Crime against him. He submitted that, in

any event to the matter,the Crime has now been

investigated and a charge sheet filed; and

therefore,that there is no reason for

any officer to now summon the petitioner or his

wife to the police station or to cause them any WP(C) NO. 15162 OF 2021

vexation as has been alleged. He, however,

prayed that liberty may be reserved to the

competent police officers to act as and when

any further complaint is received in future,

but asserted that no investigation is being

carried on against the petitioner or his wife,

as of now.

4. When I consider the afore submissions

of the learned Government Pleader, it is clear

that through this jurisdiction - which is now

known as "police harassment" - this Court

cannot be called upon to intervene or impede

any lawful investigation being carried on under

the relevant provisions of law.

5. In the case at hand, it is without

doubt that the children of the petitioner

themselves filed a case against him, which led

to the registration of the Crime and he and his

wife are now on bail, as per Ext.P2. The

learned Government Pleader, as seen above, says WP(C) NO. 15162 OF 2021

that no further investigation is now been

carried on and I am, therefore, of the view

that the petitioner need not have any further

apprehension, as has been impelled in this writ

petition.

In the afore circumstances, I close this

writ petition, recording the afore submissions

of the learned Government Pleader; however,

directing the 2nd respondent and the police

Authorities under his command to ensure that

any investigation that may be warranted against

the petitioner in future is done only as per

law and without causing any unnecessary

disturbance or vexation to him or his wife.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/29/10/2021 WP(C) NO. 15162 OF 2021

APPENDIX OF WP(C) 15162/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SETTLEMENT AGREEMENT ENTERED BETWEEN THE PETITIONER AND 5TH RESPONDENT IN MC NO.9/2020

Exhibit P2 TRUE COPY OF ORDER IN CRL.MC NO.143/2021 DATED 19.01.2021 OF THE SESSIONS COURT, ERNAKULAM

Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CHILD WELFARE COMMITTEE