Muhammed Musthafa K.P vs Director General Of Police/ State ...
2022 Latest Caselaw 6027 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                     WP(C) NO. 15462 OF 2022
PETITIONER:
           MUHAMMED MUSTHAFA K.P
           AGED 24 YEARS
           S/O ASARAF, KUTTIYATTIL VALAPPIL HOUSE, KADAKASSERY
           DESOM, NEAR ENGLISH IDEAL COLLEGE, THAVANUR PO,
           MALAPPURAM DT. PIN 679573.
           BY ADV SHOBY K.FRANCIS
RESPONDENTS:
     1     DIRECTOR GENERAL OF POLICE/ STATE POLICE CHIEF
           OFFICE OF THE DGP, POLICE HEAD QUARTERS,
           THIRUVANANTHAPURAM.695001.
     2     DISTRICT POLICE CHIEF/ SUPERINTENDENT OF POLICE,
           OFFICE OF THE SP OF POLICE, DISTRICT POLICE OFFICE, UP
           HILL, MALAPPURAM. PIN-676505.
     3     DEPUTY SUPERINTENDANT OF POLICE,
           OFFICE OF THE DY.SP. TIRUR PO, MALAPPURAM. PIN-676101.
     4     CIRCLE INSPECTOR OF POLICE,
           SHO KUTTIPPURAM, KUTTIPPURAM PO, MALAPPURAM DT. PIN
           679571
     5     SASEENDRAN MELAYIL,
           55 YEARS, CIRCLE INSPECTOR OF POLICE, SHO, KUTTIPPURAM
           POLICE STATION, KUTTIPPURAM PO, MALAPPURAM DT. PIN
           679571.
     6     SCPO JAYAPRAKASH 4500,
           KUTTIPPURAM POLICE STATION, KUTTIPPURAM PO, MALAPPURAM
           DT. PIN 679571.
     7     CPO NISHAD J,
           5280, KUTTIPPURAM POLICE STATION, KUTTIPPURAM PO,
           MALAPPURAM DT. PIN 679571
     8     CPO SUMESH 5633,
           KUTTIPPURAM POLICE STATION, KUTTIPPURAM PO, MALAPPURAM
           DT. PIN 679571
     9     CPO ALEX 5384,
           KUTTIPPURAM PỚLICE STATION, KUTTIPPURAM PO, MALAPPURAM
           DT. PIN 679571
           BY SRI.PREMCHAND R NAIR-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.15462 OF 2022

                                       2



                                JUDGMENT

Dated this the 1st day of June, 2022

This writ petition is filed seeking the

following reliefs:

"I) Issue a writ of mandamus directing the respondents 4 to 9 not to harass the petitioner nor his mother and wife under the guise of a seizure of vehicle alleging illegal transportation of river sand charging offence punishable under Section 379 and Sections 20 and 23 of the KPRB & RRS Act-2002 in a case where the petitioner is neither the RC owner of the vehicle involved in crime nor its driver. II) Issue a writ of mandamus directing the 4th respondent to issue notice under Section 41A of the Code of Criminal Procedure, when the police wanted the petitioner in a case where the vehicle is seized alleging illegal transportation of river sand. III) Issue a writ of mandamus directing the respondents 1 to 3 to take appropriate action against the respondents 4 to 9 on the basis of Exhibit P8 complaint submitted by the petitioner. IV) Issue a writ of mandamus directing the respondents 4 to 9 to not implicate the petitioner as accused, in a case wherein the petitioner is neither the owner nor the driver of the vehicle seized.

V) Issue a writ of mandamus directing the respondents 1 to 3 to consider and pass orders on WP(C) NO.15462 OF 2022

the Exhibit P8 complaint submitted by the petitioner within a time limit."

2. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader.

3. It is submitted by the learned counsel

appearing for the petitioner that the 5th respondent,

who is having personal enmity towards the petitioner,

has charged more than ten crimes against the

petitioner from the date on which he took charge as

Circle Inspector in the Kuttippuram Police Station. It

is further submitted that complaining of the actions of

the 5th respondent, the petitioner has preferred

Exhibit P8 representation before the District Police

Chief, which is liable to be considered in accordance

with law.

4. A statement has been placed on record by

the SHO, Kuttippuram Police Station, as directed by

this Court. It is submitted that the petitioner is an

accused in more than 16 crimes, which include WP(C) NO.15462 OF 2022

ordinary theft, illegal sand transportation and use of

narcotic drugs and several other offences. It is

submitted that only two of the crimes were registered

while the 5th respondent was the Circle Inspector and

the rest of the crimes had been registered long prior

to the 5th respondent being transferred and posted as

the Circle Inspector. It is further submitted that the

contentions raised in the writ petition are incorrect.

Having considered the contentions

advanced on either side, I am of the opinion that the

2nd respondent, before whom Exhibit P8

representation submitted by the petitioner is pending,

has to consider the same and take an appropriate

decision, taking note of the contentions raised by the

petitioner as also the contentions of the 5th

respondent as evident from the statement placed on

record. Without expressing any view on the merits of

the matter, there will be a direction to the 2 nd

respondent to take up Exhibit P8, consider and pass WP(C) NO.15462 OF 2022

orders on the same after considering the contentions

of the petitioner as well as the explanation of the 5 th

respondent as is evident from the statement.

Appropriate orders shall be passed within a period of

six weeks from the date of receipt of a copy of this

judgment.

Sd/-

ANU SIVARAMAN JUDGE SSK/01/06 WP(C) NO.15462 OF 2022

APPENDIX

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT DATED 9-11-2019 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 941/2019 TO THE PETITIONER Exhibit P2 TRUE COPY OF RECEIPT DATED 19-11-2019 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 1221/2019 TO THE PETITIONER. Exhibit P3 TRUE COPY OF RECEIPT DATED 23-12-2020 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 988/2020 TO THE PETITIONER.

Exhibit P4 TRUE COPY OF RECEIPT DATED 16-9-2021 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 304/2021 TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE RECEIPT DATED 13-9-2021 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 450/2021 TO THE PETITIONER Exhibit P6 TRUE COPY OF THE RECEIPT DATED 13-9-2021 ISSUED BY THE JFCM COURT NO. I TIRUR IN CC NO. 869/2021 TO THE PETITIONER.

Exhibit P7 TRUE COPY OF FINAL REPORT DATED 30-8-2021 IN CRIME NO. 507/2020 OF KUTTIPPURAM POLICE.

Exhibit P8 TRUE COPY OF COMPLAINT DATED 4-5-2022 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 1 TO 3 RESPONDENTS' EXHIBITS: NIL

SSK //TRUE COPY// PA TO JUDGE