Vijith A.N vs State Of Kerala
2022 Latest Caselaw 7947 Ker

W.P.Crl.No.515/2021                      1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                        WP(CRL.) NO. 515 OF 2021
PETITIONER:

             VIJITH A.N.,
             AGED 38 YEARS,
             S/O.GOVINDAN,
             NIDUVOTE HOUSE, MAVILAYI POST,
             KANNUR DISTRICT 670 622.

             BY ADV P.K.RAVI SANKAR



RESPONDENTS:

     1       STATE OF KERALA,
             REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
             THIRUVANANTHAPURAM 695 001.

     2       STATION HOUSE OFFICER,
             EDAKKADU POLICE STATION,
             MUZHAPPILANGAD POST, KANNUR DISTRICT, 670 662.

     3       DISTRICT POLICE CHIEF,
             KANNUR 670 001.

             SRI.M.P.PRASHANT- SR.PUBLIC PROSECUTOR


      THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON   29.06.2022,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.Crl.No.515/2021                           2



                                 JUDGMENT

The petitioner has approached this Court with the following

reliefs:

"i) Issue a writ in the nature of mandamus, order or direction directing the 2nd respondent to register a Crime on the basis of Exhibit P3 complaint and conduct investigation in accordance with law forthwith;

ii) To pass any other and such other orders as this Hon'ble Court deem fit to pass in the nature and circumstances of the case.

iii) to award the cost of this proceedings."

2. Ext.P3 complaint was submitted by the petitioner before

the 3rd respondent, highlighting the incident occurred on 01.09.2021

at 12.00 noon. Five persons, one among them in the uniform of

Railway Police, trespassed into the house of the petitioner and

abused his mother. It is also alleged that they have taken

photographs of the mother and child of the petitioner. According to

the petitioner no action is being taken by the 3 rd respondent on

Ext.P3 complaint. The writ petition was submitted in such

circumstances. The learned Government Pleader upon instructions

submitted that on the basis of the aforesaid complaint preliminary

enquiry was conducted and it did not reveal any cognizable offence.

In such circumstances, I am of the view that, the prayer sought for

by the petitioner need not be considered at this juncture. Grievance

of the petitioner can be highlighted before the Jurisdictional

Magistrate by submitting a private complaint in this regard. In such

circumstances, this Writ Petition is closed, leaving open the remedy

of the petitioner to file a private complaint.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/30.6.22

APPENDIX OF WP(CRL.) 515/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 6.11.2019 ISSUED BY ADDITIONAL CHIEF MEDICAL SUPERINTENDENT DIVISIONAL OFFICE, SOUTHERN RAILWAY, PALAKKAD.

Exhibit P2 TRUE COPY OF THE ORDER DATED 23.3.2021 IN O.A. NO. 511 OF 2020 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM.

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 2.9.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 2.9.2021 ISSUED BY THE 3RD RESPONDENT.