Kerala High Court
N.Prakash vs Manoj Kumar on 12 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
Tuesday, the 12th day of November 2024 / 21st Karthika, 1946
WA NO. 1803 OF 2024
AGAINST THE JUDGMENT DATED 30.10.2024 IN WP(C) 36058/2024 OF THIS COURT
APPELLANT(S)/PETITIONER:
N.PRAKASH, AGED 60 YEARS , SON OF LATE A.NARAYANA RAO PRAJITH VIHAR,
AYINI ROAD MARADU P.O. ERNAKULAM, PIN - 682304
BY N.PRAKASH(Party-In-Person)
RESPONDENT(S)/RESPONDENTS:
1. MANOJ KUMAR, AGED 39 YEARS, SON OF MATHIPPU RAJ MELAGARAM, TENKASI
TAMILNADU, PIN - 627862
2. PAVUN, AGED 42 YEARS, SON OF SOUNDARARAJAN ESWARAM KOVIL STREET
AYYAPURAM, TENKASI TAMILNADU, PIN - 627862
3. STATION HOUSE OFFICER, MARADU POLICE STATION, MARADU P.O. ERNAKULAM,
PIN - 682304
4. ASSISTANT COMMISSIONER OF POLICE, OFFICE OF THE ASSISTANT
COMMISSIONER OF POLICE, OLD RAILWAY STATION ROAD KACHERIPADY
ERNAKULAM, PIN - 682018
5. COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE KOCHI
CITY, PARK VIEW, MARINE DRIVE, ERNAKULAM, PIN - 682011
6. DIRECTOR GENERAL OF POLICE, STATE POLICE HEADQUARTERS VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695010
7. ADDL.R7:THE INSPECTOR OF POLICE(STATION HOUSE OFFICER) PULIANGUDI
POLICE STATION, TENKASI DISTRICT, TAMIL NADU - 627855 (ADDL R7 IS
IMPLEADED AT THE REQUEST OF THE APPELLANT AS PER ORDER DATED
12.11.2024 IN WA.NO.1803/2024)
BY SENIOR GOVERNMENT PLEADER SRI.V.TEKCHAND FOR R3 TO R6.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the third respondent to submit a report before this Honourable
Court as to the steps , if any, taken in pursuance to Exhibit P6, pending
disposal of the above Writ Appeal.
This Writ Appeal coming on for orders on 12.11.2024, upon perusing
the appeal memorandum , the court on the same day passed the following:
EXHIBIT P6:TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED 26.9.2024
(WITHOUT EXHIBITS P1 TO P5 THEREIN AS THEY ARE ALREADY
PRODUCED AS EXHIBITS P1 TO P5 IN THIS WRIT PETITION)
W. A. No. 1803 of 2024
-1-
NITIN JAMDAR, C. J. & S. MANU, J.
===================================
W. A. No. 1803 of 2024
===================================
Dated this the 12th day of November, 2024
ORDER
Nitin Jamdar, C. J.
Heard Mr. N. Prakash, the Appellant-in-Person and Mr. V.
Tekchand, learned Senior Government Pleader.
2. The grievance of the Appellant-in-person is that when he was
taken into custody by the Tamil Nadu Police, two private persons
accompanied the Police which is disclosed in the affidavit filed by
Respondent No. 2 in Con. Case (C) No. 2481 of 2024. According to
the Appellant, the complainant had no right to accompany the Police
into his house at the time of arrest and this will amount to trespass. He
states that he made a complaint to the local Police authorities for
registering an FIR against these two private persons and no steps have
been taken.
3. At the request of the Appellant, the Inspector of Police (Station
House Officer), Puliangudi Police Station, Tenkasi District, Tamil
Nadu - 627855, is impleaded as Additional Respondent No. 7 in the
writ appeal.
4. Issue notice to Additional Respondent No. 7 returnable on 3
December 2024.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S. MANU
JUDGE
Eb
12-11-2024 /True Copy/ Assistant Registrar
