Aju Alex vs The Superintendent Of Police, ...
2024 Latest Caselaw 27797 Ker

Kerala High Court

Aju Alex vs The Superintendent Of Police, ... on 13 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                         2024:KER:70316

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                      WP(C) NO. 30929 OF 2024

 CRIME NO.1213/2024 OF Thiruvalla Police Station, Pathanamthitta

PETITIONER:

          AJU ALEX
          AGED 42 YEARS
          SON OF ALEX THAYIL MAMMEN RESIDENT OF MADATHIL
          HOUSE,AMALLOOR,MANJADI P O,VTC,THIRUVALLA,
          PATHANAMTHITTA DISTRICT, PIN - 689105


          BY ADVS.
          BABILA K.K.
          DILNA D.B.(K/364/2013)


RESPONDENTS:
     1     THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA
           , RING RD, THAZHEVETTIPRAM, PATHANAMTHITTA DISTRICT-,
           PIN - 689645

    2     THE STATION HOUSE OFFICER, THIRUVALLA POLICE STATION,
          THIRUVALLA PATHANAMTHITTA DISTRICT, KERALA, PIN -
          689662

    3     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
          OF HOME AFFAIRS, GOVERNMENT
          SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001

          SRI. P.S.APPU, G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.30929 of 2024                                2024:KER:70316

                                   2




                              JUDGMENT

Dated this the 13th day of September, 2024

The petitioner alleges harassment by the

police in connection with a crime registered against

him for uploading certain videos containing derogatory

comments against a movie star.

2. Learned counsel for the petitioner submits

that, in the guise of investigation, her client is being

harassed and abused by the police.

3. Per contra, the learned Government Pleader

would submit that, even though the police attempted

to contact the petitioner over phone, he did not

respond and as per the information gathered, the

petitioner has moved from Thiruvalla to Ernakulam. It

is submitted that the police is acting in accordance with WP(C)No.30929 of 2024 2024:KER:70316

law, as part of the investigation, and the allegation of

harassment is baseless.

In view of the above submissions, the writ

petition is disposed of, directing the police to conduct

the investigation strictly in accordance with the

provisions of the Bharatiya Nagarik Suraksha

Sanhita and the Kerala Police Act.

Sd/-

V.G.ARUN JUDGE SSK/13/09 WP(C)No.30929 of 2024 2024:KER:70316

APPENDIX OF WP(C) 30929/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF FIR IN CRIME NO. 1213/2024 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION 192,296(B) OF THE BHARATIYA NYAYA SANHITA,2023 AND 120(O) OF KP ACT 2011

Exhibit P2 THE TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE PATHANAMTHITTA DATED 13/08/2024

Exhibit P3 THE TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER ISSUED FROM LISIE HOSPITAL , ERNAKULAM

TRUE COPY P.A. TO JUDGE