Unnikrishnan vs City Police Commissioner
2023 Latest Caselaw 2959 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                      WP(C) NO. 4399 OF 2023
PETITIONER:

          UNNIKRISHNAN
          AGED 43 YEARS
          S/O SASIDHARAN NAIR,
          CORAL ISLE HOTEL,
          NEAR NORTH RAILWAY STATION,
          ST.BENEDICT ROAD,
          ERNAKULAM - 682018.

          BY ADV P.A.MUJEEB


RESPONDENTS:

    1     THE CITY POLICE COMMISSIONER
          OFFICE OF THE COMMISSIONER OF POLICE,
          REVENUE TOWER,
          OPP. ERNAKULAM BOAT JETTY,
          ERNAKULAM - 682011.

    2     THE STATION HOUSE OFFICER
          CENTRAL POLICE STATION,
          ERNAKULAM - 682031.

    3     SHAMNAS
          AGED 31 YEARS
          S/O ABDUL SAMAD,
          SHAMEEZ MANZIL,
          KATTILKADAVU P O,
          MARUVADAKKU,
          AADHINAD VILLAGE,
          KOLLAM - 690573.

    4     AKBAR SHA A @ AKKU
          AGED 28 YEARS
          VYSHYANTAYYATH HOUSE,
          KARUNAGAPPALLY, VAVAKKAD P O,
          KOLLAM - 690528.
 W.P.(C) No.4399 of 2023
                             2


    5    AMEEN SHA A
         AGED 30 YEARS
         VYSHYANTAYYATH HOUSE,
         KARUNAGAPPALLY, VAVAKKAD P O,
         KOLLAM, PIN - 690528.

         BY ADV.E.C.BINEESH GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.4399 of 2023
                                 3



                           JUDGMENT

Dated this the 13th day of March, 2023

The petitioner is residing in Ernakulam in a Hotel near the

North Railway Station. The petitioner states that respondents 3 to

5 are threatening the petitioner. They have created fake news in

respect of the petitioner and have published the fake news

through various social media.

2. On 22.01.2023, at about 3.30 pm, the petitioner

received a phone call from the 3rd respondent. The 3rd respondent

uttered obscene words and demanded money from the petitioner.

The petitioner was threatened that respondents 3 to 5 will do away

with the petitioner unless he did not heed to their illegal demands,

contends the petitioner.

3. Government Pleader entered appearance and resisted

the writ petition. The Government Pleader pointed out that the

address given by the petitioner as to his place of residence is

Coral Isle Hotel, near North Railway Station in Ernakulam. The W.P.(C) No.4399 of 2023

Police went to the Hotel for investigation of the matter. The Police

personnel was informed that the petitioner is not residing in the

Hotel at present and the petitioner is away in Kollam. As per the

enquiries made by the 2nd respondent, there is no serious threat to

the life of the petitioner. The petitioner is annoyed by the social

media campaign published by respondents 3 to 5.

3. I have heard the learned counsel for the petitioner and

the learned Government Pleader representing respondents 1 and

2.

3. It is evident from the pleadings that the allegation of the

petitioner is that respondents 3 to 5 are using social media

platform to tarnish the image of the petitioner by creating fake

photographs and fake news. If that is the grievance of the

petitioner, the petitioner will have to take up the matter before the

appropriate Cyber Police Station.

4. The only other threat alleged by the petitioner is that on

22.01.2023, the petitioner received a call from the 3 rd respondent

and the 3rd respondent uttered obscene words and demanded W.P.(C) No.4399 of 2023

money. The petitioner has not stated as to from which number the

alleged call has come. The petitioner has not disclosed as to what

is the amount demanded by the 3 rd respondent. Admittedly, after

22.01.2023, there is no such threat, either in person or through

telephone. In the circumstances, I am inclined to believe the

submission made on behalf of respondents 1 and 2 that there is

no real threat to the life of the petitioner.

In the afore facts of the case, the writ petition is disposed of

without granting any relief to the petitioner. However, it is made

clear that if the petitioner faces further threats from respondents 3

to 5, the petitioner will be at liberty to approach respondents 1 and

2 who shall act upon the complaints of the petitioner in

accordance with law.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.4399 of 2023

APPENDIX OF WP(C) 4399/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 22/01/2023 FILED BEFORE THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE POSTAL RECEIPTS EVIDENCING THE SENDING OF EXHIBIT P1 Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 22/01/2023 FILED BEFORE THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE POSTAL RECEIPTS EVIDENCING THE SENDING OF EXT. P3