Kerala High Court
Muhammad Firdouz A.V vs City Police Commissioner, ... on 5 September, 2023
WP(CRL.) NO. 882 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
WP(CRL.) NO. 882 OF 2023
PETITIONER/S:
MUHAMMAD FIRDOUZ A.VAGED 38 YEARS S/O VEERANKUTTY AM
AMMANATH HOUSE, THEKKUMKARA PO THRISSUR - 680 589,
KERALA. RESIDING AT: D1, BCG APARTMENT, RUBI LINE,
THAMMANAM PO, COCHIN-632 038, PIN - 680589
BY ADV MUHAMMAD FIRDOUZ A.V(Party-In-Person)
RESPONDENT/S:
1 CITY POLICE COMMISSIONER, ERNAKULAMOFFICE OF THE
CITY POLICE COMMISSIONER, X7FH+CQ9, ABDUL KALAM
MARG, MARINE DRIVE, ERNAKULAM, KERALA, PIN - 682011
2 DIRECTOR GENERAL OF POLICE, KERALASTATE POLICE
HEADQUARTERS, VELLAYAMBALAM, CITY-
THIRUVANANTHAPURAM, PIN - 695010
3 STATE OF KERALA, REPRESENTED BY CHIEF
SECRETARYGOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
OTHER PRESENT:
VIPIN NARAYAN PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 05.09.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 882 OF 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.(Crl.) No. 882 of 2023
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Dated this the 5th day of September, 2023
JUDGMENT
The above writ petition (Crl.) is filed with following
prayers :
(A) "To issue a writ of mandamus or such other writ or
direction to the respondents to register a crime based on the
Ext.P1 complaint and to constitute a high level investigation
team to investigate the subject matter of the Ext.P1
complaint including the role of the serving police officers
involved if any.
(B) To grant such other relief as this court deems fit in the
facts and circumstances of the case." [SIC]
2. The main prayer in this writ petition is to register a
crime based on Ext.P1 complaint and to constitute a high level
investigation team to investigate the subject matter of Ext.P1
complaint including the role of the serving police officers
involved, if any. The petitioner is a stranger. According to him,
during the month of July, 2023, the petitioner had come across
a video clip on the Youtube Channel 'Marunadan Malayali'
which run by one Sajan Skaria as director of Tiding Digital
Publications Pvt. Ltd. Which he owns with few others. It is
submitted that on watching the video, it was shocking that the
anchor Sri.Sajan Skaria was playing the wireless message of a
senior police officer addressed to the subordinates by which
the subordinates were asked to register a minimum of 100
petty cases by each of his reporting groups. Similarly, he had
played another wireless message of another senior lady police
officer which was addressed to the subordinates. According to
the petitioner, the same amounts to serious offences and an
investigation is necessary. The petitioner submitted Ext.P1
complaint to the 1st respondent. Ext.P2 is the
acknowledgment. There is no response for the same. Hence,
this writ petition (Crl.).
3. The petitioner appeared in person and argued the
matter. I am of the considered opinion that if the petitioner is
aggrieved for not registering a case based on Ext.P1
complaint, there are remedies available to the petitioner as
per Criminal Procedure Code either to approach the superior
officer or to approach the competent criminal court with a
private complaint. This Court need not entertain a writ
petition at this stage.
Therefore, granting liberty to the petitioner to approach
the competent authority or competent court, this writ petition
(Crl.) is dismissed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(CRL.) 882/2023
PETITIONER EXHIBITS
Exhibit P1 COPY OF COMPLAINT
Exhibit P2 RECEIPT OF COMPLAINT
Exhibit P3 COPY OF COMPLAINT TO DGP
