P.A Valsan vs State Police Chief
2024 Latest Caselaw 28607 Ker

Kerala High Court

P.A Valsan vs State Police Chief on 26 September, 2024

Author: K. Babu

Bench: K. Babu

WP(CRL.) NO. 967 OF 2024

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                                                        2024:KER:71983
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                      THE HONOURABLE MR.JUSTICE K. BABU

     THURSDAY, THE 26TH DAY OF SEPTEMBER 2024 / 4TH ASWINA, 1946

                           WP(CRL.) NO. 967 OF 2024

PETITIONER:

              P.A VALSAN
              AGED 67 YEARS
              S/O. GEORGE ABHRAHAM, GREEN FIELD, ARAKILAD, PUTHUR
              P.O, VATAKARA KOZHIKODE, PIN - 673104


              BY ADVS.
              ENOCH DAVID SIMON JOEL
              S.SREEDEV
              RONY JOSE
              LEO LUKOSE
              KAROL MATHEWS SEBASTIAN ALENCHERRY
              DERICK MATHAI SAJI
              KARAN SCARIA ABRAHAM
              ITTOOP JOY THATTIL




RESPONDENTS:

      1       STATE POLICE CHIEF
              POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
              PIN - 695010

      2       HIGHRICH ONLINE SHOPPE PVT. LTD
              DOOR NO. TC41/1030/14, 2ND FLOOR, KANIMANGALAM TOWER,
              VALIYALUKKAL, THRISSUR REPRESENTED BY ITS MANAGING
              DIRECTOR, PIN - 680027

      3       KOLATT DASAN PRATHAPAN
              AGED 44 YEARS
              S/O DASAN, KOLATT HOUSE, KARUVAN VALAVU, ERAVU P.O,
              THRISSUR, PIN - 680620
 WP(CRL.) NO. 967 OF 2024

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                                                        2024:KER:71983
      4       SREENA PRATHAPAN
              AGED 33 YEARS
              W/O KOLATT DASAN PRATHAPAN, KOLATT HOUSE, KARUVAN
              VALAVU, ERAVU P.O, THRISSUR, PIN - 680620


              BY ADVS.
              ALIAS M. CHERIAN
              K.M.RAPHY(K/542/2012)
              BRISTO S PARIYARAM(K/1756/2020)
              AMEERA JOJO(K/001581/2023)
              MINNU DARWIN(K/000631/2023)



OTHER PRESENT:

              ALIAS M CHERIAN
              SRI.NIMA JACOB, P.P
      THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
26.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 967 OF 2024

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                                                                     2024:KER:71983
                                       K.BABU, J.
                             ------------------------------------
                                WP(Crl.).No.967 of 2024
                           --------------------------------------
                Dated this the 26th day of September, 2024

                                   JUDGMENT

The prayers in this WP(Crl.) are as follows:-

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st Respondent to consider Ext.P2 representation.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st Respondent to consider Ext.P2 representation and direct the Police Authorities mentioned in Exts.P4 to P14 to register FIR at the earliest.

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction to the 1st Respondent to complete investigation on the basis of Ext.P1 FIR and submit a Final Report in a time bound manner.

iv. Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.

V. Issue such other appropriate order or direction dispensing with the filing of English translation of the vernacular documents produced along with the writ petition".

2. The petitioner is a retired Police Officer. The

petitioner submits that he is aggrieved by the inaction on the

part of the Police Authorities in considering Ext.P2 complaint

filed by him. The crux of the allegations in the writ petition are

as follows:

WP(CRL.) NO. 967 OF 2024

2024:KER:71983

"3. While so, in the year 2023, a socio economic issue cropped up in Kerala wherein the 2 nd respondent

company, allegedly involved in multilevel marketing, with

the connivance of 3rd and 4th respondent collected huge

amount of money from public. It is learnt that close to Rs.

3400 crores was collected by Respondents 2 to 4 under

the guise of multilevel marketing. Finally the Company

went broke and the amount collected was siphoned out at

the behest of 3rd & 4th Respondents. The business of the

2nd respondent was also in gross violation of the Banning

of Unregulated Deposits Act, (BUDS) 2019 as well as the

Prize Chits and Money Circulation Scheme (banning) Act,

1978.

4. Even though widespread news about the fraud

committed by the Respondents 2 to 4 was circulated

throughout, no action was seen forthcoming on the part of

the Police officials in registering the crime and conducting

the investigation on the same. Under such circumstances

petitioner thought it fit to register a complaint before the

Station House Officer, Cherpu Police Station on

12.07.2023, within whose jurisdiction lies the corporate

office of the 2nd Respondent was located. Since no action

was seen forthcoming, Petitioner approached the District WP(CRL.) NO. 967 OF 2024

2024:KER:71983 Police Chief, Thrissur, on 03.08.2023 addressing the

issue".

3. The learned Public Prosecutor submitted that the

police registered multiple FIRs against respondent Nos.3 and 4.

The learned counsel for the petitioner submitted that the

petitioner had made specific allegations revealing cognizable

offence in Ext.P2, but the Police Authorities have not taken any

steps.

4. Having regard to the submissions, there will be a

direction to respondent No.1 to consider Ext.P2 in accordance

with the law.

The Writ Petition is disposed of as above.

Sd/-

K.BABU, JUDGE saap WP(CRL.) NO. 967 OF 2024

2024:KER:71983 APPENDIX OF WP(CRL.) 967/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE FIR NO: 1070/2023 DATED 18.09.2023 OF CHERPU POLICE STATION.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 10.07.2024 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P3 A TRUE COPY OF THE ORDER DATED 19.06.2024 IN W.P (CRL) NO: 540/2024 ON THE FILES OF THIS HON'BLE COURT.

Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 04.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, VATAKARA POLICE STATION.

Exhibit P4(a) A TRUE COPY OF THE RECEIPT DATED 22.07.2024 ISSUED BY BADAGARA POLICE STATION TO EXT. P4.

Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED 04.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, TIRUR POLICE STATION.

Exhibit P5(a) A TRUE COPY OF THE RECEIPT DATED 09.07.2024 ISSUED BY TIRUR POLICE STATION TO EXT. P5.

Exhibit P6 A TRUE COPY OF THE COMPLAINT DATED 04.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, KENICHIRA POLICE STATION.

Exhibit P6(a) A TRUE COPY OF THE RECEIPT DATED 09.07.2024 ISSUED BY KENICHIRA POLICE STATION TO EXT. P6.

Exhibit P7 10. A TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, NENMARA POLICE STATION.

Exhibit P7(a) A TRUE COPY OF THE RECEIPT DATED 27.05.2024 ISSUED BY NENMARA POLICE STATION TO EXT. P7. WP(CRL.) NO. 967 OF 2024

2024:KER:71983

Exhibit P8 A TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, MARANGATTUPPALLI POLICE STATION.

Exhibit P8(a) A TRUE COPY OF THE RECEIPT DATED 27.05.2024 ISSUED BY MARANGATTUPPALLI POLICE STATION TO EXT. P8.

Exhibit P9 A TRUE COPY OF THE COMPLAINT DATED 27.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, KAZHAKUTTAM POLICE STATION.

Exhibit P9(a) A TRUE COPY OF THE RECEIPT DATED 27.05.2024 ISSUED BY KAZHAKUTTAM POLICE STATION TO EXT. P9.

Exhibit P10 11. A TRUE COPY OF THE COMPLAINT DATED 23.06.2024 SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, ALAPPUZHA.

Exhibit P10(a) A TRUE COPY OF THE RECEIPT DATED 26.06.2024 ISSUED BY THE ADDL. S.P OFFICE, ALAPPUZHA TO EXT. P10.

Exhibit P11 A TRUE COPY OF THE COMPLAINT DATED 23.06.2024 SUBMITTED BY THE PETITIONER BEFORE THE COMMISSIONER OF POLICE, KOLLAM CITY.

Exhibit P11(a) A TRUE COPY OF THE RECEIPT DATED 26.06.2024 ISSUED BY THE KOLLAM CITY, DISTRICT OFFICE TO EXT. P11.

Exhibit P12 A TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, ALUVA WEST POLICE STATION .

Exhibit P12(a) A TRUE COPY OF THE RECEIPT DATED 29.06.2024 ISSUED BY THE ALUVA WEST POLICE STATION TO EXT. P12.

Exhibit P13 A TRUE COPY OF THE COMPLAINT DATED 29.06.2024 SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, PEERUMADE POLICE WP(CRL.) NO. 967 OF 2024

2024:KER:71983 STATION.

Exhibit P13(a) A TRUE COPY OF THE RECEIPT DATED 29.06.2024 ISSUED BY THE PEERUMADE POLICE STATION, TO EXT. P13.

Exhibit P14 A TRUE COPY OF THE COMPLAINT DATED 29.06.2024 SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, TIRUVALLA POLICE STATION.

Exhibit P14(a) A TRUE COPY OF THE RECEIPT DATED 29.06.2024 ISSUED BY THE TIRUVALLA POLICE STATION TO EXT. P14.

//True copy//PA to Judge