Abdul Rasak vs The State Police Chief
2024 Latest Caselaw 32741 Ker

Kerala High Court

Abdul Rasak vs The State Police Chief on 12 November, 2024

                                              2024:KER:86097
          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. 13777 OF 2020

PETITIONER:

          ABDUL RASAK
          AGED 47 YEARS
          S/O. AHAMMEDKUTTY HAJI,
          RAMLATH MANZIL,
          KIZHISSERI,
          KUZHIMANNA AMSOM DESOM,
          MALAPPURAM DISTRICT.


          BY ADV K.RAKESH


RESPONDENTS:

    1     THE STATE POLICE CHIEF
          POLICE HEAD-AUARTERS,
          TRIVANDRUM, PIN-695 001.

    2     THE INSPECTOR GENERAL OF POLICE
          THRISSUR RANGE, VELIYANNUR,
          THRISSUR, PIN-680 021.

    3     THE DEPUTY SUPERINTENDENT OF POLICE
          CRIME BRANCH, MALAPPURAM,
          MALAPPURAM DISTRICT, PIN-676 505.

    4     THE STATION HOUSE OFFICER
          KONDOTTY POLICE STATION,
          MALAPPURAM DISTRICT, PIN-673 638.

    5     IBRAHIM KUTTY
          AGED 62 YEARS
          S/O. KOMUKUTTY, KANNARATH VEEDU,
          KUZHIMANNA, KEEZHISSERY, KONDOTTY,
          MALAPPURAM DISTRICT, PIN-673 641.
 WP(C) NO.13777 of 2020
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                                                          2024:KER:86097




             BY ADV SRI.B.N.SHIVSANKAR


             R1 TO 4 - SRI.RAJEEV GEORGE,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.13777 of 2020
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                                                       2024:KER:86097



                                 P.M. MANOJ, J
                    -----------------------------------
                    W.P.(C) No.13777 of 2020
              ----------------------------------------------
          Dated this the 12th day of November, 2024


                            JUDGMENT

The writ petition is preferred alleging police harassment by

respondents 2 to 4. In that regard, already crime was registered

against the petitioner as per Ext.P1 and the petitioner has

approached this Court by preferring Crl.M.C No.2112 of 2019 and

obtained an order, whereby it was directed that the petitioner shall

not be harassed. However, the court did not interfere with the

ongoing investigation.

2. In the light of interim order dated 11.04.2019 in Crl.M.C.

No.2112 of 2019, it is not required to move this Court under Article

226 against the police harassment, already the right of the

petitioner protected under Ext.P4 order itself. WP(C) NO.13777 of 2020

2024:KER:86097

Under such circumstances, the writ petition is closed

reiterating the directions contained in Ext.P4 order, that will not

stand in the way of proceeding any criminal case against the

petitioner.

Accordingly, the writ petition is closed.

Sd/-

P.M. MANOJ JUDGE

SSS WP(C) NO.13777 of 2020

2024:KER:86097

APPENDIX OF WP(C) 13777/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE F.I.R. IN CRIME NO.540/2018 OF THE KONDOTTY POLICE STATION, DATED, 15.11.2018.

EXHIBIT P2 TRUE COPY OF THE PETITION IN R.C.P. NO.6/2018 OF THE RENT CONTROLLER, MANJERI, DATED, 10.4.2018.

EXHIBIT P3 TRUE COPY OF THE AGREEMENT PERTAINING TO THE YEAR 2015 EXECUTED BY THE PETITIONER AND THE 5TH RESPONDENT DATED 1.4.2015.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED, 11.4.2019 OF THIS HON'BLE COURT IN CRL.M.C.NO.2112/2019.