Kerala High Court
N.Prakash vs Manoj Kumar on 30 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) NO. 36058 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 36058 OF 2024
PETITIONER :
N.PRAKASH
AGED 60 YEARS, SON OF LATE A.NARAYANA RAO
PRAJITH VIHAR, AYINI ROAD, MARADU P.O.,
ERNAKULAM, PIN - 682 304
BY ADV N.PRAKASH(Party-In-Person)
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 - 682 018
5 COMMISSIONER OF POLICE
OFFICE OF THE COMMISSIONER OF POLICE,
KOCHI CITY, PARK VIEW, MARINE DRIVE,
ERNAKULAM, PIN - 682 011
WP(C) NO. 36058 OF 2024
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6 DIRECTOR GENERAL OF POLICE
STATE POLICE HEADQUARTERS,
VELLAYAMBALAM, THIRUVANANTHAPURAM,
PIN - 695 010
SMT. SREEJA V., PUBLIC PROSECUTOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 36058 OF 2024
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BECHU KURIAN THOMAS, J.
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W.P.(C) No.36058 of 2024
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Dated this the 30th day of October, 2024
JUDGMENT
Petitioner seeks for a direction to command respondents 3 and 4
to take necessary action on Ext.P6 complaint.
2. Ext.P6 is a complaint filed by the petitioner on 26.09.2024
alleging that on 28.07.2024, the police officer from the Puliyangudi Police
Station, Tenkasi came in a uniform, along with few other persons in civil
dress and trespassed into the petitioner's house stating that there is a
warrant and took him into custody. Various allegations are levelled in the
said complaint. According to the petitioner, despite him filing a complaint
on 26.09.2024, the police have failed to register an FIR and hence he
seeks for a direction for registration of the FIR and for consequent
investigation.
3. Smt. Sreeja V., the learned Public Prosecutor, upon
instructions, submitted that pursuant to a complaint filed by petitioner's
son alleging kidnapping of the petitioner, a crime was registered as FIR
No.640 of 2024 under Section 138(3)(5) of the Bharatiya Nyaya Sanhita,
2023. The incident mentioned in the complaint filed by the petitioner's
son related to the occurrence on 28.07.2024 wherein, petitioner was
allegedly kidnapped by a person in police uniform and two other police
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officers in civil dress. It was also submitted that investigation has
revealed that petitioner was arrested by Puliyangudi police from his
residence at Maradu on 28.07.2024 in connection with Crime No.309 of
2024 registered with the aforesaid police station under Section 316(2),
318(4) of BNS and thereafter he was produced before the Judicial First
Class Magistrate's Court, Shivagiri on 29.07.2024 and was remanded to
judicial custody. Subsequently, the Madras High Court, Madurai Bench
granted him bail on 16.08.2024 and he executed the bail on 28.08.2024.
The learned Public Prosecutor also submitted that the complaint filed by
the petitioner on 26.09.2024 alleged that, during his arrest, the police
officer from Puliyangudi police station entered his house and committed
theft of Rs.22,000/- and his wife's nose ring, which complaint has been
registered and investigation is being carried on. It was also pointed out
that though the CCTV footage provided by the petitioner showed that the
uniformed police officer returned to the entrance of the house of the
petitioner within 12 seconds, neither the petitioner's wife nor his family
had filed any complaint regarding the alleged theft until the petitioner
filed the complaint on 26.09.2024. It was also submitted that the
investigation into the complaint of the petitioner as well as that of his son
is continuing.
4. Since the petitioner's complaint is being enquired into and
the complaint filed by the son of the petitioner is being investigated and
since both relates to the incidents that occurred at the same time, I am of
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the view that the direction, as sought for, need not be issued.
Hence, considering the entire circumstances, I am not inclined
to issue any direction as sought for. However, the inquiry and
investigation into the complaint and the FIR will be carried on, in
accordance with law, without undue delay or laches.
The writ petition is dismissed with the above observations.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 36058 OF 2024
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APPENDIX OF WP(C) 36058/2024
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE PHOTOGRAPHS THREE IN
NUMBER SHOWING THE ARRIVAL OF THE POLICE
OFFICER AND TWO OTHER PERSONS, THE DEFACTO
COMPLAINANT AND HIS FRIEND (THE
RESPONDENTS 1 AND 2 HEREIN) AND THROWING
THE PETITIONER INTO THE CAR BY THE PERSONS
WHO ACCOMPANIED THE POLICE OFFICER
Exhibit P3 TRUE COPY OF THE MAIL DATED 28.7.2024 SENT
BY THE PETITIONER'S SON TO THE STATE
POLICE CHIEF, CITY POLICE COMMISSIONER,
KOCHI AND THE STATION HOUSE OFFICER,
MARADU
Exhibit P4 TRUE COPY OF THE FIR NO.0640 OF 2024 DATED
29.7.2024 REGISTERED BY THE SUB INSPECTOR
OF POLICE, MARADU POLICE STATION
Exhibit P5 TRUE COPY OF THE ORDER DATED 24.9.2024
PASSED BY THE DIVISION BENCH OF THE
HONOURABLE HIGH COURT OF KERALA IN
CON.CASE (C) 2481 OF 2024
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)
Exhibit P7 TRUE COPY OF THE RECEIPT GIVEN BY THE 3RD
RESPONDENT TO THE PETITIONER DATED
26.9.2024
Exhibit P8 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER BEFORE RESPONDENTS 5 AND 6
ON 6.10.2024
Exhibit P9 TRUE COPY OF THE MAIL DATED 7.10.2024
RECEIVED BY THE PETITIONER FROM THE 5TH
RESPONDENT
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Exhibit P10 TRUE COPY OF THE JUDGMENT IN
CRL.W.P.NO.817 OF 2020 DATED 5.10.2020 OF
THE HIGH COURT OF BOMBAY BENCH AT
AURANGABAD
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 8.8.2023
IN S.L.P.(CRL.)NO.5883 OF 2020 OF THE
HONOURABLE SUPREME COURT
