Anitha P George vs State Police Chief
2022 Latest Caselaw 6861 Ker

WP(CRL.) NO. 494 OF 2022           1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                       WP(CRL.) NO. 494 OF 2022


PETITIONER/S:

            ANITHA P GEORGE, AGED 48 YEARS
            W/O.LATE WILSON,
            VALIYAKALAMANNIL, MATHOOR P.O,
            OMALLOOR, PATHANAMTHITTA DISTRICT-689647

            BY ADVS.
            V.PHILIP MATHEWS
            GIBI.C.GEORGE


RESPONDENTS:

     1      STATE POLICE CHIEF
            KERALA STATE POLICE HEADQUARTERS,
            VAZHUTHACAUD, THIRUVANANTHAPURAM-695010

     2      THE DISTRICT POLICE CHIEF
            PATHANAMTHITTA-689645.
     3      THE SUPERINTENDENT OF POLICE
            STATE WOMEN'S CELL,
            THIRUVANANTHAPURAM-695014

     4      THE CIRCLE INSPECTOR OF POLICE
            ELAVUMTHITTA POLICE STATION,
            PATHANAMTHITTA DISTRICT-689507

     5      THE STATION HOUSE OFFICER
            ELAVUMTHITTA POLICE STATION,
            PATHANAMTHITTA DISTRICT-689507


     6      CYBER CRIME POLICE STATION
            DISTRICT POLICE OFFICE,
            PATHANAMTHITTA-689645
 WP(CRL.) NO. 494 OF 2022                2




                REPRESENTED BY STATION HOUSE OFFICER

     7          LIBU BABUJI VARGHESE
                S/O.BABUJI VARGHESE,
                PALANIKUNNATHIL, CHENNEERKKARA,
                MATHOOR, KOZHENCHERRY,
                PATHANAMTHITTA DISTRICT- 689647
                NOW RESIDING AT : D 28, 2ND FLOOR,
                CHANAKYA PLACE PART-I,
                UTTAM NAGAR, NEW DELHI-110059

                R1 to R6 BY SRI.P.G.MANU-SR.PUBLIC PROSECUTOR


         THIS    WRIT    PETITION     (CRIMINAL)     HAVING    COME   UP   FOR
ADMISSION        ON     14.06.2022,    THE   COURT     ON     THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 494 OF 2022              3




                              JUDGMENT

The petitioner is aggrieved by the inaction on the part of

the 2nd respondent in not taking appropriate action on Ext.P9

petition submitted by her.

2. The husband of the petitioner died due to cardiac

arrest on 16.8.2020. According to the petitioner, on 20.8.2020

Elavumthitta Police informed her that they received an

anonymous e-mail from a person raising suspicion about the

death of her husband. Based on that, the petitioner was

summoned to Elavumthitta Police Station and her statement was

recorded. The content of the anonymous e-mail is to the effect

that the petitioner killed her husband to take away the assets of

her husband. Thereafter, the petitioner approached this Court

by filing W.P(Crl.) No.520/2021 to give a direction to the police

to trace out the source of the said e-mail. The learned Public

Prosecutor filed a report stating that the name and address of

the person, who sent the e-mail has been traced out and it has

been furnished in the report filed by the learned Public

Prosecutor. Hence, the above mentioned writ petition was

closed with liberty to the petitioner to initiate appropriate action

under the law. Thereafter, the petitioner preferred Ext.P9

petition before the 2nd respondent requesting to take action

against 7th respondent who is the author of the e-mail by

registering a crime and to follow the procedure prescribed in

Section 155 of Cr.P.C. According to the police, eventhough the

source of the alleged e-mail is identified, no case could be

registered since the offence involved is a non-cognizable offence.

3. The learned counsel for the petitioner submitted that

even if the offence involved is noncognizable in nature, the

police is bound to follow the procedure mentioned in sub-clause

(1) of Section 155 of Cr.P.C. The counsel further submitted that

the cognizable offence is also involved. Sub-clause (1) of Section

155 of Cr.P.C reads as follows:

"155(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non- cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate."

It appears that the 5th respondent has not followed the

mandate prescribed under Section 155(1) of Cr.P.C. Hence, this

writ petition is disposed of with a direction to the 5 th respondent

to follow the procedure prescribed under Section 155(1) of

Cr.P.C, within a period of one month.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE ab

APPENDIX OF WP(CRL.) 494/2022

PETITIONER EXHIBITS Exhibit P1 COPY OF CERTIFICATE DATED ISSUED FROM 23-03-2020 ISSUED FROM SANTHULA TRUST HOSPITAL, KOOTHATTUKULAM Exhibit P2 COPY OF DEATH SUMMARY OF PETITIONER'S HUSBAND ISSUED FROM JOSCO MULTI SPECIALTY HOSPITAL, EDAPPON Exhibit P3 COPY OF RECEIPT DATED 22-08-2020 ISSUED FROM ELAVUMTHITTA POLICE STATION Exhibit P4 COPY OF COMMUNICATION DATED 17-03-2021 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER Exhibit P5 COPY OF REPRESENTATION DATED 25-10-2021 SENT BY THE PETITIONER TO THE SECOND RESPONDENT Exhibit P6 COPY OF EMAIL DATED 10-06-2021 SENT BY NATIONAL HUMAN RIGHTS COMMISSION TO THE PETITIONER FORWARDING THE COPY OF ORDER DATED 10-06-2021 Exhibit P7 COPY OF STATEMENT FILED BY THE 5TH RESPONDENT IN W.P(CRL)NO.520/2021 Exhibit P8 COPY OF JUDGMENT DATED 28-02-2022 PASSED IN W.P(CRL)NO.520/2021 Exhibit P9 COPY OF PETITION DATED 18-02-2022 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT (WITHOUT ANNEXURE)

RESPONDENTS ANNEXURES: NIL