Biju N.P vs The State Police Chief
2021 Latest Caselaw 19412 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                       WP(C) NO. 19234 OF 2021
PETITIONERS:

    1     BIJU N.P
          AGED 45 YEARS
          S/O.VASU, NELLIKKOTTU POYILIL HOUSE, CHEUPPA P.O.,
          MAVOOR, KOZHIKODE DISTRICT,PIN-673 661

    2     RAJESHMON.K.,
          AGED 46 YEARS
          S/O. KAMALAN, SREEKRISHNAM, NETHAJI, MANNANCHERRY P.O.,
          ALAPPUZHA DISTRICT,PIN-688 536

    3     ANDREWS E.V.
          AGED 73 YEARS
          S/O. VARUNNI.K.O., GURU NIRMALAM, SANTHIGIRI P.O.,
          THIRUVANANTHAPURAM DISTRICT,PIN-695 585

    4     SWAMIDAS.P.,
          AGED 45 YEARS
          S/O. SANKARAN NAIR, POTTAYIL VEEDU, PUNNAYURKULAM P.O.,
          THRISSUR DISTRICT,PIN-679 561

    5     ANOOP.T.
          AGED 48 YEARS
          S/O. V.E.THANKACHAN, VETTIKATTU VEEDU, PALLIKATHODU
          P.O., KOTTAYAM DISTRICT,PIN-686 503

    6     SHINU.N.,
          AGED 44 YEARS
          S/O. NARAYANAN, NALUPARA VEEDU, CHEMMANATHUKARA P.O.,
          VAIKOM, KOTTAYAM DISTRICT,PIN-686 606

    7     SHAJI.P.,
          AGED 58 YEARS
          S/O. PURUSHOTHAMAN, KARUNA MANDIRAM, SANTHIGIRI P.O.,
          THIRUVANANTHAPURAM DISTRICT,PIN-695 589

    8     RAJESH.M.P.,
          AGED 43 YEARS
          S/O.K.P.MURALEEDHARAN, CHOTHI, VEYETTU, VENJARAMOODU
          P.O., THIRUVANANTHAPURAM DISTRICT,PIN-695 607

    9     SUNUMON
 WP(C) NO. 19234 OF 2021
                                2

          AGED 43 YEARS
          S/O. KANAKAN.A.K., AANADIYIL VEEDU, MUNDANMUDY P.O.,
          VANAPURAM, IDUKKI DISTRICT,PIN-685 607

    10    CHANDRA BABU C.P.,
          AGED 49 YEARS
          S/O.PADMANABHAN (CHITTEKKATU), JANAPRIYAVILASAM,
          SANTHIRIGIRI P.O., THIRUVANANTHAPURAM DISTRICT,PIN-695
          589

    11    VINOD.C.P.
          AGED 45 YEARS
          S/O.PADMANABHAN (CHITTEKKATU), JANAPRIYAVILASAM,
          SANTHIRIGIRI P.O., THIRUVANANTHAPURAM DISTRICT,PIN-695
          589

    12    JITHESH.K.,
          AGED 46 YEARS
          S/O. P.K.KUNJIKANNAN, SANTHI BHAVAN, PALAYAD P.O.,
          THALASSERY, KANNUR DISTRICT,PIN-670 661

    13    SASI UDAYABHANU
          AGED 60 YEARS
          S/O. UDAYABHANU, SANTHINIKETHAN, MUNDAKKAL P.O., KOLLAM
          DISTRICT,PIN-691 010

          BY ADVS.
          JACOB SEBASTIAN
          K.V.WINSTON
          ANU JACOB


RESPONDENTS:

    1     THE STATE POLICE CHIEF
          KERALA,POLICE HEADQUARTERS, VAZHUTHACAUD P.O.,
          THIRUVANANTHAPURAM DISTRICT, PINCODE-695 014

    2     THE STATION HOUSE OFFICER,
          POTHENCODE POLICE STATION, KAZHAKUTTAM P.O., ATTINGAL,
          THIRUVANANTHAPURAM DISTRICT,PINCODE-695 582

    3     JANANI AMRITHA NJANA THAPASWINI,
          SPIRITUAL HEAD, SANTHIGIRI ASHRAMAM, SANTHIGIRI P.O.,
          THIRUVANANTHAPURAM DISTRICT,PIN-695 589

    4     SWAMI GURU RATNA NJAMA THAPASWI,
 WP(C) NO. 19234 OF 2021
                                3

          GENERAL SECRETARY, SANTHIGIRI ASHRAMAM, SANTHIGIRI
          P.O., THIRUVANANTHAPURAM DISTRICT,PIN-695 589


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19234 OF 2021
                                    4



                              JUDGMENT

The petitioners have approached this Court alleging that the

2nd respondent is unnecessarily harassing them, under the

influence of respondents 3 and 4. They say that the 2 nd respondent

has acted completely without jurisdiction in having summoned

them to the police station multiple times recently; and, therefore,

seek that the 1st respondent be directed to look into their Ext.P1

complaint and take necessary action thereon, without any

avoidable delay.

2. In response, the learned Government Pleader -

Sri.E.C.Bineesh, submitted that the petitioners were summoned to

the police station only because there was a complaint made

against them by respondents 3 and 4; but added that they have not

been arrayed as accused and that they will not be required to go to

the police station any further. He, therefore, prayed that this writ

petition be closed.

3. Even when I hear the learned Government Pleader as

afore, the fact remains that the petitioners have already preferred WP(C) NO. 19234 OF 2021

Ext.P1 complaint before the 1st respondent - State Police Chief. I

am, therefore, of the view that the said Authority must look into

the same and decide whether any action is necessary thereon, after

following due procedure.

In the afore circumstances I dispose of this writ petition,

recording the afore submissions of the learned Government

Pleader; with a further direction to the 1 st respondent to take up

Ext.P1 complaint and consider the same, following due

procedure, thus culminating in an appropriate order thereon

without any avoidable delay.

Needless to say, if the petitioners are required to be

summoned to the police station in future, it shall be done only

after issuing them notices under Section 41A of the Code of

Criminal Procedure.

Sd/-

DEVAN RAMACHANDRAN

JUDGE SAS/16/09/2021 WP(C) NO. 19234 OF 2021

APPENDIX OF WP(C) 19234/2021

PETITIONERS' EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMPLAINT DATED 09.09.2021 SUBMITTED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT ALONG WITH POSTAL RECEIPT DATED 10.09.2021