Abdul Wahab vs The Superintendent Of Police, ...
2022 Latest Caselaw 6879 Ker

W.P.(Crl.)471/2022
                                     1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                     &
                THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(CRL.) NO. 471 OF 2022
PETITIONER:

              ABDUL WAHAB, AGED 32 YEARS, S/O. P. MOHAMMED KABEER,
              PALATHINGAL HOUSE, CHEMBRA, MEENADATHOOR P.O., TIRUR,
              MALAPPURAM DISTRICT, PIN - 676307

              BY ADVS.
              C.M.MOHAMMED IQUABAL
              P.ABDUL NISHAD
              RAIHANATH T.H.



RESPONDENT/S:

      1       THE SUPERINTENDENT OF POLICE, MALAPPURAM
              MALAPPURAM P.O., PIN - 676521

      2       THE STATION HOUSE OFFICER
              KOTTAKKAL POLICE STATION, KOTTAKKAL P.O.,
              MALAPPURAM DISTRICT, PIN - 676503

      3       SAJAN P, AGED 52 YEARS
              PALATHINGAL (H), KOLATHUPARAMBU, OTHUKKUNGAL,
              MALAPPURAM DISTRICT, PIN - 676528

      4       MURALEEDHARAN P., AGED 55 YEARS
              PANDALODI (H), CHEMMAD,THIROORANGADI P.O., MALAPPURAM
              DISTRICT, PIN - 676306

      5       GOPALAKRISHNAN P., AGED 52 YEARS
              PANDALODI (H), CHEMMAD,THIROORANGADI P.O., MALAPPURAM
 W.P.(Crl.)471/2022
                                        2


              DISTRICT, PIN - 676306

              BY ADVS.
              ADVOCATE GENERAL OFFICE KERALA
              K.SUJAI SATHIAN
              DIRECTOR GENERAL OF PROSECUTION(AG-10)
              P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR()
              MARY LIYA SABU
              VISMAYA VINOD




       THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON   14.06.2022,     THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(Crl.)471/2022
                                          3




         K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
    ----------------------------------------------
                W.P.(Crl.)No.471 of 2022
     ---------------------------------------------
          Dated this the 14th day of June, 2022


                               J U D G M E N T

Vinod Chandran, J.

Read order dated 06.06.2022.

"1. The above writ petition was filed on the allegation that in the earlier writ petition the statement taken was not proper. The learned counsel also made allegations against the police and alleged that the statement was taken under coercion.

2. We directed the learned Government Pleader to get instructions in the matter. The learned Government Pleader very cautiously instructed the Superintendent of Police to ensure that statement is taken by an independent police officer. A lady Circle Inspector of Police took the statement which, the learned Government Pleader says, will be produced before this Court. In any event, the learned Government Pleader also submitted that the parents have produced their daughter. The alleged detenue herself, we are told, wanted to appear before Court, so as to put an end to the constant harassment.

W.P.(Crl.)471/2022

3. Today the subject appeared before us and we interacted with her. We specifically asked whether there was any coercion on the part of the family which she denied. She also informed us, her desire to go with her parents.

4. Since the statement is not on record, we post the matter on 7.6.2022."

2. We were of the opinion that, this Writ

Petition was an abuse of process of Court especially

when the petitioner had filed an earlier Writ Petition,

in which, a statement was recorded, based on which

there was found no illegal detention. Hence,

imposition of cost on the petitioner was imperative and

we directed the petitioner to pay Rs.10,000/- (Rupees

Ten Thousand Only) to the family of the alleged

detenue. Learned counsel submitted that the petitioner

is now ready to remit the amount. The amount shall be

deposited with the Registry. The Registry shall take

out Demand Draft in the name of the 4 th respondent,

Muraleedharan P. after deducting the DD charges from W.P.(Crl.)471/2022

that amount and transmit the same to the 4 th

respondent. This Writ Petition is dismissed with costs

quantified as above.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

C.JAYACHANDRAN JUDGE

Sbna/ W.P.(Crl.)471/2022

APPENDIX OF WP(CRL.) 471/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION FOR REGISTRATION OF THE MARRIAGE OF THE PETITIONER AND THE DETENUE DATED 17.11.2020

Exhibit P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE S.H.O., KOTTAKKAL POLICE STATION DATED 11.02.2022

Exhibit P3 THE TRUE COPY OF THE RECEIPT ISSUED BY KOTTAKKAL POLICE STATION DATED 15.02.2022

Exhibit P4 THE TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DATED 15/02/2022

Exhibit P5 A TRUE COPY OF THE RECEIPT ISSUED BY WOMEN CELL, MALAPPURAM DATED 14.02.2022

Exhibit P6 THE TRUE COPY OF THE ORDER IN W.P.(CRL.).

NO. 301/2022 OF THIS HON'BLE COURT DATED 31.03.2022

Exhibit P7 THE TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT IN W.P.(CRL.) NO. 301/2022 OF THIS HON'BLE COURT DATED 04.04.2022

Exhibit P8 THE TRUE COPY OF THE STATEMENT OF THE DETENUE DATED 04.04.2022

Exhibit P9 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(CRL.) NO. 301/2022 DATED 08.04.2022