C. S Vivek vs The State Police Chief
2023 Latest Caselaw 11520 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                      WP(CRL.) NO. 1142 OF 2023


PETITIONER(S):

             C. S VIVEK
             AGED 46 YEARS, S/O SASIDHARAN NAIR, PARAPUTHEN
             VEETIL, DEVIYAR COLONY, VALARA P.O, MANNAMKANDAM
             VILLAGE, DEVIKULAM TALUK, IDUKKI, PIN - 685561
             BY ADV LATHEESH SEBASTIAN


RESPONDENT(S):

     1       THE STATE POLICE CHIEF
             POLICE HEADQUARTERS, VELLAYAMBALAM,
             THIRUVANANTHAPURAM, PIN - 695001
     2       DISTRICT POLICE CHIEF
             OFFICE OF DISTRICT POLICE CHIEF, PAINAV,
             IDUKKI, PIN - 685603
     3       THE STATION HOUSE OFFICER
             CYBER POLICE STATION, IDUKKI, PIN - 685603
     4       THE STATION HOUSE OFFICER
             ADIMALY POLICE STATION, IDUKKI, PIN - 685561

BY ADV.

             SRI MP PRASANTH , PP



      THIS    WRIT    PETITION     (CRIMINAL)   HAVING    COME   UP   FOR
ADMISSION     ON     08.11.2023,    THE    COURT   ON    THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(CRL) NO.1142 OF 2023


                                  2


           P.V.KUNHIKRISHNAN, J.
           --------------------------------
          WP(Crl.) No.1142 of 2023
          ----------------------------------
  Dated this the 08th day of November, 2023


                          JUDGMENT

The above Writ Petition(Crl.) is filed with the

following prayers;

"i) Call for the entire records relating to Ext.P3 to P5 from the respondents;

ii) Issue a writ of mandamus or any other writ or direction or order to the 2nd respondent to take action on Ext-P4 complaint, as expeditiously as possible within a time frame fixed by this Hon'ble Court, after affording opportunity of hearing to the petitioner;

iii) To dispense with the production of English translation of vernacular documents;

iv) Such other relief that this Honorable court may deem fit to render justice to the petitioners."

2. It is the case of the petitioner that, even

though a complaint is filed, alleging offences under WP(CRL) NO.1142 OF 2023

the Information Technology Act, no action is taken by

the Police officer concerned. Therefore, the petitioner

submitted Ext.P4 before the 2 nd respondent. Even

then there is no response. It is the case of the

petitioner that the petitioner is not in a position to file

a private complaint because the name of the accused

persons are not known. In such circumstances, this

Writ Petition(Crl.) is filed.

3. Heard the learned counsel appearing for

the petitioner and the learned Public Prosecutor.

4. After hearing both sides, I think this Writ

Petition(Crl.) can be disposed of directing the 2 nd

respondent to consider Ext.P4 and take a decision in

it and communicate the decision to the petitioner,

within a time frame.

Therefore, this Writ Petition(Crl.) is disposed of

with the following directions;

1. The 2nd respondent is directed to consider WP(CRL) NO.1142 OF 2023

Ext.P4 and take appropriate steps in it, in

accordance to law and communicate the

decision taken in it to the petitioner, as

expeditiously as possible, at any rate, within a

period of one month from the date of receipt of

a copy of this judgment.

2. The petitioner will produce a certified copy

of this judgment along with a copy of this writ

petition before the 2nd respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(CRL) NO.1142 OF 2023

APPENDIX OF WP(CRL.) 1142/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SCREEN SHOT PUBLISHED BY CERTAIN PERSONS AGAINST THE PETITIONER THROUGH THE WHATSAPP EXHIBIT P2 TRUE COPY OF THE SCREEN SHOT PUBLISHED BY CERTAIN PERSONS AGAINST THE PETITIONER THROUGH THE WHATSAPP EXHIBIT P3 TRUE COPY OF THE COMPLAINT OF THE PETITIONER ALONG WITH THE RECEIPT RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE 1ST RESPONDENT DATED 09.10.2023 EXHIBIT P4 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH RECEIPT RECEIVED BY THE PETITIONER DATED 09.10.2023.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 9.10.23 SUBMITTED TO THE 3RD RESPONDENT

RESPONDENTS EXHIBITS :NIL

//TRUE COPY// PA TO JUDGE