Kerala High Court
Sandeep Nain vs State Of Kerala on 1 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 43394 OF 2023
PETITIONER:
SANDEEP NAIN
AGED 39 YEARS
S/O RAMPHAL NAIN, QUARTERS NUMBER 22, CUSTOMS
QUARTERS, BEACH ROAD, CALICUT, PIN - 673032
BY ADVS.
K.REEHA KHADER
ANJALY JIMMICHAN
ANJITHA SUDHAKARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT
OF KERALA,SECRETARIAT, TRIVANDRUM NORTH,
THIRUVANANTHAPURAM, PIN - 695001
2 SUPERINTENDENT OF POLICE,MALAPPURAM DISTRICT
DISTRICT POLICE SUPERINTENDENT OFFICE, UP HILL,
MALAPPURAM, KERALA, PIN - 676505
3 DEPUTY SUPERINTENDENT, MALAPPURAM DISTRICT
UP HILL, MALAPPURAM, KERALA, PIN - 676505
4 STATION HOUSE OFFICER, KARIPPUR POLICE STATION
KUMMINIPPARAMBA POST, MALAPPURAM DISTRICT, KERALA,
PIN - 673638
SMT RESHMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).43394 of 2023 2
JUDGMENT
The petitioner states that he is working as Inspector, Central Excise
and Customs Commissionerate, Calicut. He states that on 12.10.2023, the
4th respondent took the petitioner in custody, harassed him, and also
conducted a search without a search warrant at his house. It is stated that
on the premise of registration of Crime No.665 of 2023 of the Karippur
Police Station inter alia under Section 120B of IPC and various provisions of
the Prevention of Corruption Act, the search was carried out. Aggrieved by
such action, the wife of the petitioner lodged a complaint against the 4th
respondent before the Superintendent of Police, and the same is pending.
The petitioner states that he has also preferred an application seeking
anticipatory bail before this Court, and the same was closed by Ext.P3 order
after recording the submission of the police that they do not intend to arrest
him, and if his presence is required, notice can be issued under Section 41A.
It is on these assertions that this writ petition is filed seeking the following
reliefs:
i. Issue a writ of mandamus or such other appropriate writ,
order or direction directing the 4th respondent not to harass the
petitioner and others.
ii. To issue a writ of mandamus or such other appropriate
order directing the 4th respondent to consider Ext P1 and to take
positive actions to stop the unlawful torture and harassment to the
petitioner.
iii. To issue a writ of mandamus for investigating the above
crime number by the higher rank officials than the petitioner in an
effective and lawful manner.
iv. To take proper steps and file criminal cases against the
respondents for initiating illegal detention and unlawful procedures
towards the petitioner and theft of several valuable items from the
possession of the petitioner.
2. When the matter is taken up for consideration, the learned
Government Pleader, on instructions, submits that the 4th respondent is not
conducting any investigation against the petitioner and that he has no
intention to summon the petitioner. It is submitted that while issuing orders
in Bail Application No.9176 of 2023, this aspect of the matter was recorded.
Finally, it is submitted that Vigilance Crime 1/2024 has been registered
against the petitioner by the Vigilance and Anti-Corruption Bureau,
Malappuram Unit.
3. I have considered the submissions advanced.
4. I find from the submissions that the 4th respondent is not
investigating any Crime registered against the petitioner herein. In that view
of the matter, the apprehension of the petitioner that he would be harassed
is misconceived. I also record the submission made by the learned
Government Pleader that the 4th respondent is not carrying out any
investigation and that he does not intend to summon the petitioner.
This petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
APPENDIX OF WP(C) 43394/2023
PETITIONER'S EXHIBITS:
Exhibit P 1 THE TRUE COPY OF COMPLAINT ADDRESSED TO THE
2ND RESPONDENT, MALAPPURAM DISTRICT DATED
13/10/2023
Exhibit P 2 THE TRUE COPY OF THE BAIL APPLICATION
9176/2023 DATED 13-10-2023
Exhibit P3 THE TRUE COPY OF THE ORDER OF THE BAIL
APPLICATION 9176/2023 DATED 18-10-2023
Exhibit P4 THE TRUE COPY OF THE DAILY NEWSPAPER 'THE
HINDU' DATED 16-10-2023
Exhibit P5 THE TRUE COPY OF THE NOTICE ISSUED BY THE
3RD RESPONDENT DATED 21-10-2023
Exhibit P6 THE TRUE COPY OF THE APPLICATION BEFORE THE
ENQUIRY COMMISSIONER AND SPECIAL JUDGE,
KOZHIKODE FOR ISSUING WARRANT TO SEARCH THE
SUSPECTED PLACE OF DEPOSIT U/S. 94 OF CRPC
DATED 16-10-2023
Exhibit P7 THE TRUE COPY OF THE WARRANT TO SEARCH THE
SUSPECTED PLACE OF DEPOSIT U/S. 94 OF CRPC
ISSUED BY THE ENQUIRY COMMISSIONER AND
SPECIAL JUDGE, KOZHIKODE DATED 16-10-2023
Exhibit P8 THE TRUE COPY OF THE SEARCH LIST ISSUED BY
THE 3RD RESPONDENT TO THE ENQUIRY
COMMISSIONER AND SPECIAL JUDGE, KOZHIKODE
DATED 21-10-2023
