Basil P Das vs The State Police Chief
2023 Latest Caselaw 8539 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                       WP(CRL.) NO. 340 OF 2023
PETITIONER:

            BASIL P DAS,
            AGED 42 YEARS,
            S/O. DASAN, LOVE DALE, JELLIPARA P.O, AGALI, PALAKKAD
            DISTRICT., PIN - 678581
            BY ADV K.ABOOBACKER SIDHEEQUE


RESPONDENTS:

    1       THE STATE POLICE CHIEF
            POLICE HEAD QUARTERS, VAZHUTHACAUD P.O,
            THIRUVANANTHAPURAM DISTRICT., PIN - 695010
    2       THE DISTRICT POLICE CHIEF
            ALAPPUZHA, NEAR IRON BRIDGE, STATE HIGHWAY 40,
            ALAPPUZHA DISTRICT., PIN - 688001
            BY ADV ADVOCATE GENERAL OFFICE KERALA


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 340 OF 2023
                                  2

                BECHU KURIAN THOMAS, J.
                -----------------------------------------
                   W.P.(Crl) No.340 of 2023
                ----------------------------------------
            Dated this the 7th day of August, 2023


                           JUDGMENT

Petitioner is aggrieved by non-registration of a crime pursuant

to Ext.P1 and Ext.P2.

2. According to the petitioner on 8-12-2022, while he was

waiting for an auto-rickshaw in front of the KSRTC Bus Stand at

Alappuzha, some police officers abused him with filthy language

and even beat him with a lathy.

3. A statement has been filed by the District Police Chief

pointing out that, pursuant to the receipt of the complaint, the

DySP, Alappuzha was directed to conduct an enquiry and report the

matter. The report stated that on 08-12-2022 information was

received at the South Police Station, Alappuzha that under the

influence of alcohol, some young men were causing public

disturbance and that it is based on the said information that the

night duty officers reached the place to address the problem. It is

further stated that the enquiry revealed that the petitioner is a

trouble maker having earlier assaulted Forest Officers at Palakkad

for which Crime No.257/214 and Crime No.277/2018 had been

registered. It is also alleged that another Crime No. 166/2015 before WP(CRL.) NO. 340 OF 2023

the Palakkad Police Station was also registered against him. The

enquiry also revealed that the Police had not used any physical force

to disburse the mob, but only persuaded them to leave the place.

4. Taking into consideration, the statement of the District

Police Chief, I am of the view that this is not a fit case where the

direction should be issued to register the crime especially since the

petitioner has remedies available before the jurisdictional court of

first instance in case a crime is not registered by the police

pursuant to a complaint.

Therefore, reserving the liberty of the petitioner to act in

accordance with law, if he feels aggrieved, this writ petition is

dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM/7/8/23 WP(CRL.) NO. 340 OF 2023

APPENDIX OF WP(CRL.) 340/2023

PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE COMPLAINT DATED 09.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit-P2 A TRUE COPY OF THE COMPLAINT DATED 30.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ALONG WITH ITS POSTAL RECEIPT.

//TRUE COPY//