Anand P vs The State Police Chief
2021 Latest Caselaw 19457 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. 6983 OF 2021
PETITIONER:

          ANAND P., AGED 30 YEARS,
          S/O PUSHPANGATHAN, PATTANIPARAMBIL,
          CHIRAKKADAVOM MURI, KAYAMKULAM,
          ALAPPUZHA DISTRICT-690502.

          BY ADVS.C.D.ANIL
          SRI.OMAR SALIM
          SHRI.ARUN T.
          SHRI.SRAVAN M.S.


RESPONDENTS:

    1     THE STATE POLICE CHIEF, POLICE HEAD QUARTERS,
          VAZHUTHACADU, THIRUVANANTHAPURAM, PIN-695001.

    2     THE DEPUTY INSPECTOR GENERAL OF POLICE,
          TRIVANDRUM RANGE,
          NANDAVANAM, THIRUVANANTHAPURAM, PIN-695033.

    3     DISTRICT POLICE CHIEF,
          THIRUVANANTHAPURAM RURAL POLICE,
          UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM,
          THIRUVANANTHAPURAM, PIN-695033.

    4     DEPUTY SUPERINTENDENT OF POLICE,
          NARCOTIC CELL, THIRUVANANTHAPURAM RURAL POLICE HEAD
          QUARTERS, UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM, PIN-695033.

    5     MR. PAULWIN.J, SUB INSPECTOR OF POLICE, OFFICE OF THE
          DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL,
          UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM,
          THIRUVANANTHAPURAM, PIN-695033.

          BY ADV.SRI.E.C.BINEESH, GP


     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. 6983 OF 2021
                                 -2-

                           JUDGMENT

The petitioner has approached this Court

alleging that respondent 3 to 5 are constantly

harassing him, by asking to appear before the Police

Station for interrogation and questioning. He

asserts that, he is not an accused in any case nor

is there any complaint pending against him and

therefore, that the actions of the respondents are

egregiously improper.

2. The petitioner has also narrated various

instances, which he says were suffered by him in the

past at the hands of the Police Officers and thus

pleaded that respondent 3 to 5 be directed not to

harass him in any manner in future.

3. In response to the afore submissions made

on behalf of the petitioner by his learned counsel

Sri.C.D.Anil, the learned Government Pleader -

Sri.E.C.Bineesh, submitted that this writ petition

has been filed solely as a counter blast to certain WP(C) NO. 6983 OF 2021

allegations levelled against the petitioner relating

to "night parties" in which Narcotic Substances were

suspected to have been consumed. He submitted that,

since there was a reasonable suspicion against the

petitioner - including on account of his antecedents

- he was summoned to the Police Station twice for

questioning, but added that he has not yet been

arrayed as an accused nor any investigation is now

being carried out against him. He, thereafter,

vehemently asserted that every other allegations in

this writ petition, including the alleged language

used by the 5th respondent against him, are all

untrue and thus prayed that this writ petition be

dismissed.

4. Before moving forward, I notice that even

as per the petitioner, he has already approached the

State Police Complaints Authority through Ext.P5 and

that said Authority has registered a case on it,

numbered as O.P.No.6121/2021. Obviously, therefore,

when the said Authority is continuing with the WP(C) NO. 6983 OF 2021

processes on the petitioner's complaint, I do not

think that this Court will be justified in issuing

any further orders in this writ petition.

5. That apart, since the learned Government

Pleader submits that petitioner has not been arrayed

as an accused in any case until now and that he is

not required for any further investigation or

questioning, I am of the view that it will be

sufficient that this Court directs the competent

Police Officers to summon him in future, if it

becomes so warranted, only after issuing him a

notice under Section 41A of the Code of Criminal

Procedure.

Resultantly, this writ petition is disposed of,

directing the competent Police Authorities to summon

the petitioner in future only after issuing a notice

under Section 41A of the Cr.P.C, if he is sought to

be arrayed as an accused in any crime.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 6983 OF 2021

APPENDIX OF WP(C) 6983/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE SCREEN SHOT OF THE CALL HISTORY OF THE PETITIONER RANGING FROM 20.02.2021 TO 22.02.2021.

EXHIBIT P2 THE TRUE COPY OF THE CALL DETAILS OF CELL NUMBER 09497930667.

EXHIBIT P3 THE TRUE COPY OF THE GMAIL FORWARDED TO THE 4TH RESPONDENT DATED 26.02.2021.

EXHIBIT P4 THE TRUE COPY OF THE CALL DETAILS DATED 27/02/2021 FROM THE CELL NUMBER OF THE 5TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT LAID TO THE STATE POLICE COMPLAINTS AUTHORITY DATED 6/3/2021.

EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION BEFORE THE 1ST RESPONDENT DATED 9/3/2021.

EXHIBIT P7 THE TRUE COPY OF THE EMAIL WITH AN ATTACHMENT ADDRESSED TO THE 1ST RESPONDENT DATED 09.03.2021.

EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION DATED 9/3/2021 TO THE 2ND RESPONDENT.

EXHIBIT P9 THE TRUE COPY OF THE EMAIL SENT TO THE 2ND RESPONDENT DATED 9/3/2021.

EXHIBIT P10 THE TRUE COPY OF THE PERSONAL DETAILS OF THE PETITIONER MAINTAINED WITH R.K.S.V SECURITIES INDIA PRIVATE LIMITED WITH ACCOUNT NO.10103174. WP(C) NO. 6983 OF 2021

EXHIBIT P11 THE TRUE COPY OF THE DEMAT ACCOUNT DETAILS MAINTAINED WITH ZERODHA BROKING LIMITED VIDE DEMAT ACCOUNT NO.1208160065272620.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE