Shajahan. V.K vs State Of Kerala
2024 Latest Caselaw 32729 Ker

Kerala High Court

Shajahan. V.K vs State Of Kerala on 12 November, 2024

                                                 2024:KER:86130
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

               THE HONOURABLE MR. JUSTICE P.M.MANOJ

TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946

                     WP(C) NO. 20376 OF 2020

PETITIONER:

          SHAJAHAN. V.K
          AGED 35 YEARS
          S/O KASIM HAJI, VAKYAPAD HOUSE, ELANAD P.O,
          CHELAKKARA-680586, THRISSUR DISTRICT,KERALA


          BY ADVS.
          RENJITH B.MARAR
          SMT.LAKSHMI.N.KAIMAL




RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2     THE DISTRICT POLICE CHIEF
          OFFICE OF THE DISTRICT POLICE CHIEF,
          RAMAVARMAPURAM ROAD, MANNUMKAD, THRISSUR-680631.

    3     STATION HOUSE OFFICER
          PAZHAYANNUR POLICE, PAZHAYANNUR.P.O,
          THRISSUR, KERALA-680587.


          SRI.RIYAL DEVASSY,GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.20376 of 2020
                                   2
                                                        2024:KER:86130



                            P.M. MANOJ, J
                     -----------------------------------
                     W.P.(C) No.20376 of 2020
               ----------------------------------------------
           Dated this the 12th day of November, 2024


                             JUDGMENT

The writ petition is preferred by alleging police harassment.

The petitioner is aggrieved by continuous summoning by the

3rd respondent. The petitioner alleges that he was unnecessarily

summoned by the 3rd respondent.

2. The writ petition was filed on 28.09.2020. It came up

for consideration on 30.09.2020 and was taken lastly on

16.10.2020. The petitioner could not secure any order in his

favour by convincing this Court.

3. Under such circumstances, there will be a direction to

the 3rd respondent, if any further proceedings or summons is to be

issued to the petitioner, that shall be in compliance with Section 63

of the Kerala Police Act, 2011 as well as Section 35(3) of the

Bharathiya Nagarik Suraksha Sanhita (BNSS), 2023; without

following the said provisions, the petitioner shall not be summoned

for any alleged offences of trivial nature and shall not be harassed. WP(C) NO.20376 of 2020

2024:KER:86130

However, these observations and directions will not stand in the

way of registering a crime or any other proceedings which is taken

against the petitioner, in accordance with the provisions of BNSS,

2023.

Accordingly, the writ petition is closed.

Sd/-

P.M. MANOJ JUDGE

SSS WP(C) NO.20376 of 2020

2024:KER:86130

APPENDIX OF WP(C) 20376/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE.M.P.NO.2676/2020 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, VADAKKANCHERY.

EXHIBIT P2 TRUE COPY OF THE RTI APPLICATION PREFERRED BY THE PETITIONER BEFORE THE INFORMATION OFFICER, PAZHAYANNUR POLICE STATION.

EXHIBIT P3 TRUE COPY OF THE RTI REPLY GIVEN BY THE STATE PUBLIC INFORMATION OFFICER AND STATION HOUSE OFFICER, PAZHAYANNUR POLICE STATION.