N.Prakash vs P.K.Suresh Kumar
2025 Latest Caselaw 567 Ker

Kerala High Court

N.Prakash vs P.K.Suresh Kumar on 3 July, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                               2025:KER:48565



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

   THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947

                   WP(C) NO. 1461 OF 2025

PETITIONER:

          N.PRAKASH
          AGED 60 YEARS
          SON OF LATE A.NARAYANA RAO, PRAJITH VIHAR, AYINI
          ROAD, MARADU P.O. ERNAKULAM DISTRICT, PIN -
          682304


          BY ADV N.PRAKASH(PARTY-IN-PERSON)

RESPONDENTS:

    1     P.K.SURESH KUMAR
          SON OF KUNJAN PUTHENPURAYIL HOUSE, THIRUVALOOR,
          T BHAGAM, ALANGAD VILLAGE, ERNAKULAM DISTRICT,
          PIN - 683511

    2     ADVOCATE SANGEETHA LAKSHMANA
          8-B, LINK MANOR, NEAR INCOME TAX OFFICE, OLD
          RAILWAY STATION CROSS ROAD, ERNAKULAM, PIN -
          682031

    3     STATE POLICE CHIEF
          STATE POLICE HEADQUARTERS THIRUVANANTHAPURAM,
          PIN - 695010

    4     SUPERINTENDENT OF POLICE
          CYBER OPERATIONS,CYBER HEADQUARTERS, POLICE
          HEADQUARTERS,KERALA THIRUVANANTHAPURAM,
          PIN - 695010

    5     COMMISSIONER OF POLICE
          POLICE COMMISSIONERATE, KOCHI CITY PARK VIEW,
          MARINE DRIVE ERNAKULAM, PIN - 682011
                                                           2025:KER:48565
WP(C) NO.1461 OF 2025

                                  2
     6        STATION HOUSE OFFICER
              CYBER CRIME POLICE STATION KOCHI CITY, EXPRESS
              WAY ROAD, OPPOSITE FOUR POINTS HOTEL BY SHERATON,
              INFOPARK PO,KAKKANAD, ERNAKULAM, PIN - 682041

     7        THE HIGH COURT OF KERALA
              REPRESENTED BY ITS REGISTRAR GENERAL, HIGH COURT
              BUILDINGS, ERNAKULAM, PIN - 682031

     8        ASSISTANT COMMISSIONER OF POLICE
              CYBER CRIME POLICE STATION KOCHI CITY, EXPRESS
              WAY ROAD, OPPOSITE FOUR POINTS HOTEL BY SHERATON,
              INFOPARK PO, KAKKANAD, ERNAKULAM, PIN - 682042

     9        STATE OF KERALA
              REPRESENTED BY PRINCIPAL SECRETARY, HOME
              DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001


              BY ADVS.
              P.K.SURESH KUMAR(PARTY-IN-PERSON)
              GOVERNMENT PLEADER
              SHRI.HARIKUMAR G. (GOPINATHAN NAIR)

              SRI HARIKUMAR G

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.07.2025,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                         2025:KER:48565
WP(C) NO.1461 OF 2025

                                    3
                   P.V.KUNHIKRISHNAN, J
                  --------------------------------
                  W.P (C) No.1461 of 2025
                   -------------------------------
             Dated this the 03rd day of July, 2025

                             JUDGMENT

The above Writ Petition is filed seeking the following reliefs:

" i. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding the seventh respondent to place the information covered by Exhibits.P14 and P22 mails before the Honourable Chief Justice on the administrative side, if it has not already been done, in terms of the provisions under Rule 7 of the Contempt of Courts (High Court of Kerala) Rules, 1971, within a time limit to be fixed by this Honourable Court.

ii. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding the seventh respondent to place the information covered by Exhibits.P15, P20, P25 and P31 mails before the Honourable Chief Justice on the administrative side, if it has not already been done, in terms of the provisions under Rule 7 of the Contempt of Courts (High Court of Kerala) Rules, 1971, within a time limit to be fixed by this Honourable Court.

iii. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding respondents 3 to 9 to take appropriate action as is warranted under law against respondents 1 and 2 by considering Exhibits. P15, P20, P21, P22, P23, P25, P28 and P31 mails. iv. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding respondents 3 and 5 to take action against the 6th respondent, as was directed to be taken by the Constitution Bench of the Honourable Supreme Court in Lalita Kumari v. State of Uttar Pradesh and others (2014)2 SCC 1 for not registering FIR on the basis of Exhibits P15, P20, P21, P22, P23, P25, P28 and P31 mails.

[SIC] 2025:KER:48565 WP(C) NO.1461 OF 2025

2. When this Writ Petition came up for consideration on

28.03.2025, on the same day this Court passed the following

order:

" The learned counsel for the 7th respondent submits that Exts.P21 and P22 emails pertaining to alleged facebook posts by the 2nd respondent, and Exts.P14, P15, P20, P25 and P31 emails pertaining to facebook posts made by the 1st respondent have been placed before the Hon'ble the Chief Justice. The matter is pending consideration before the Hon'ble the Chief Justice. Therefore, the relief Nos.(i) and (ii) prayed for in the writ petition stand redressed.

2. The petitioner seeks for the consideration of reliefs Nos. (iii) and (iv). The petitioner shall address his submission on the power of this Court to pass directions to the Police to register crimes in exercise of the powers under Article 226 of the Constitution of India."

3. In the light of the above order as far as the 1 st and 2nd

prayer is concerned, the grievance of the petitioner is redressed. If

the petitioner feels that there is commission of criminal contempt

by respondent Nos.1 & 2, the petitioner is also free to approach

the Advocate General with an appropriate application in

accordance with law. As far as the 3rd and 4th prayers are

concerned, I am of the considered opinion that no separate 2025:KER:48565 WP(C) NO.1461 OF 2025

direction is to be issued. If any criminal offence is made out, and

Police is not taking any action, the petitioner can do the needful in

accordance to Section 173(4) of the Bharatiya Nagarik Surak0sha

Sanhita, 2023 (BNSS).

With the above observations, this Writ Petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SSG 2025:KER:48565 WP(C) NO.1461 OF 2025

APPENDIX OF WP(C) 1461/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE MR.JUSTICE DEVAN RAMACHANDRAN ON 14.12.2024 IN THE FACEBOOK ACCOUNT HAVING URL HTTPS://WWW.FACEBOOK.COM/ SURESHKUMAAR.PK Exhibit P2 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE MR.JUSTICE DEVAN RAMACHANDRAN AT 8.53 P.M. ON 14.12.2024 IN THE FACEBOOK ACCOUNT HAVING URL HTTPS://WWW.FACEBOOK.COM/ SURESHKUMAAR.PK Exhibit P3 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE MR.JUSTICE DEVAN RAMACHANDRAN AT 2.06 P.M. ON 15.12.2024 IN THE FACEBOOK ACCOUNT HAVING URL HTTPS://WWW.FACEBOOK.COM/ SURESHKUMAAR.PK Exhibit P4 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE DR.JUSTICE A.K.JAYASANKARAN NAMBIAR AT 9.19 A.M ON 15.12.2024 IN THE FACEBOOK ACCOUNT HAVING URL HTTPS://WWW.FACEBOOK.COM/SURESHKUMAAR.PK Exhibit P5 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE MR.JUSTICE DEVAN RAMACHANDRAN AT 1.53 P.M. ON 16.12.2024 IN THE FACEBOOK ACCOUNT HAVING URL HTTPS://WWW.FACEBOOK.COM/SURESHKUMAAR.PK Exhibit P6 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE DIVISION BENCH AT 8.54 A.M. ON 17.12.2024 IN THE FACEBOOK ACCOUNT HAVING URL HTTPS://WWW.FACEBOOK.COM/SURESHKUMAAR.PK Exhibit P7 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE DIVISION BENCH AT 8.51 A.M. ON 18.12.2024 IN THE FACEBOOK ACCOUNT 2025:KER:48565 WP(C) NO.1461 OF 2025

HAVING URL HTTPS://WWW.FACEBOOK.COM/ SURESHKUMAAR.PK Exhibit P8 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE MR.JUSTICE DEVAN RAMACHANDRAN AT 1.42 P.M. ON 18.12.2024 IN THE FACEBOOK ACCOUNT HAVING URL HTTPS://WWW.FACEBOOK.COM/SURESHKUMAAR.PK Exhibit P9 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE DR.JUSTICE A.K.JAYASANKARAN NAMBIAR AT 2.59 P.M ON 19.12.2024 IN THE FACEBOOK ACCOUNT HAVING URL HTTPS://WWW.FACEBOOK.COM/SURESHKUMAAR.PK Exhibit P10 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE MR.JUSTICE DEVAN RAMACHANDRAN AT 9.40 P.M. ON 22.12.2024 IN THE FACEBOOK ACCOUNT HAVING URL HTTPS://WWW.FACEBOOK.COM/SURESHKUMAAR.PK Exhibit P11 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE MR.JUSTICE DEVAN RAMACHANDRAN AT 5.02 P.M. ON 23.12.2024 IN THE FACEBOOK ACCOUNT HAVING URL HTTPS://WWW.FACEBOOK.COM/ SURESHKUMAAR.PK Exhibit P12 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT DAMNIFYING HON'BLE MR.JUSTICE DEVAN RAMACHANDRAN AT 9.03 A.M. ON 4.1.2025 IN THE FACEBOOK PAGE HAVING URL HTTPS://WWW.FACEBOOK.COM/PKSURESHKUMARTR UELINE Exhibit P13 TRUE COY OF THE FACEBOOK POST PUBLISHED BY THE SECOND RESPONDENT DAMNIFYING HON'BLE MR.JUSTICE DEVAN RAMACHANDRAN AT 4.20 A.M. ON 23.12.2024 IN THE FACEBOOK ACCOUNT HAVING URL HTTPS://WWW.FACEBOOK.COM/ PROFILE.PHP? ID=1496934256 Exhibit P14 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO 7TH RESPONDENT ON 21.12.2024 ENCLOSING EXHIBIT P1 Exhibit P15 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO RESPONDENTS 3,5,6 AND 7 ON 2025:KER:48565 WP(C) NO.1461 OF 2025

22.12.2024 ENCLOSING EXHIBITS P2 TO P9 Exhibit P16 TRUE COPY OF THE F.I.R.NO.0052 OF 2024 REGISTERED BY THE 6TH RESPONDENT Exhibit P17 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER FROM THE THIRD RESPONDENT ON 22.12.2024 FORWARDING EXHIBIT P15 TO THE PETITION MONITORING CELL, PHQ FOR NECESSARY ACTION Exhibit P18 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER FROM SPECIAL TEAM,PHQ ON 22.12.2024 FORWARDING EXHIBIT P15 TO THE 4TH RESPONDENT Exhibit P19 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER FROM THE 5TH RESPONDENT ON 23.12.2024 INFORMING THAT EXHIBIT P15 HAS BEEN FORWARDED TO 6TH RESPONDENT Exhibit P20 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO RESPONDENTS 3,5,6 AND 7 ON 23.12.2024 ENCLOSING EXHIBIT P10 Exhibit P21 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO RESPONDENTS 3,5,6 AND 7 ON 23.12.2024 ENCLOSING EXHIBIT P13 Exhibit P22 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO THE 7TH RESPONDENT ON 23.12.2024 ENCLOSING EXHIBIT P13 Exhibit P23 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO RESPONDENTS 3,5 AND 6 ON 21.12.2024 AT ENCLOSING EXHIBIT P1 Exhibit P24 TRUE COPY OF THE REPLY RECEIVED BY THE PETITIONER FROM 6TH RESPONDENT AT 5.01 P.M. ON 26.12.2024 INFORMING THE PETITIONER THAT ALREADY EXHIBIT P16 CRIME HAS BEEN REGISTERED FOR THE COMPLAINT COVERED BY EXHIBIT P23 Exhibit P25 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO RESPONDENTS 3,5,6 AND 7 ON 23.12.2024 ENCLOSING EXHIBIT P11 Exhibit P26 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER FROM THE 3RD RESPONDENT ON 23.12.2024 FORWARDING EXHIBIT P25 TO THE 4TH RESPONDENT Exhibit P27 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO THE 6TH RESPONDENT ON 26.12.2024 INFORMING THE 6TH RESPONDENT THAT EXHIBIT P16 WAS REGISTERED ON 14.12.2024 AND THE FACEBOOK POST 2025:KER:48565 WP(C) NO.1461 OF 2025

COMPLAINED OF BY THE PETITIONER IS DATED 23.12.2024 Exhibit P28 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO RESPONDENTS 3,5 AND 8 ON 26.12.2024 Exhibit P29 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 27.12.2024 FROM THE 4TH RESPONDENT Exhibit P30 TRUE COPY OF THE REPLY TO EXHIBIT P29 SENT BY THE PETITIONER ON 27.12.2024 TO THE 4TH RESPONDENT Exhibit P31 TRUE COPY OF THE MAIL SENT BY THE PETITIONER TO RESPONDENTS 3,5,6 AND 7 ON 4.1.2025 ENCLOSING EXHIBIT P12 Exhibit P32 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 6.1.2025 FROM 5TH RESPONDENT STATING THAT EXHIBIT P31 WAS FORWARDED TO THE 6TH RESPONDENT Exhibit P33 TRUE COPY OF THE JUDGMENT DATED 29.11.2023 IN W.P.C.NO.37325 OF 2023 Exhibit P34 TRUE COPY OF THE JUDGMENT DATED 8.12.2023 IN W.A.NO.2108 OF 2023 Exhibit P35 TRUE COPY OF THE JUDGMENT DATED 21.12.2023 IN W.P.C.NO.42867 OF 2023 Exhibit P36 TRUE COPY OF THE JUDGMENT DATED 15.1.2024 IN W.A.NO.65 OF 2024 Exhibit P37 TRUE COPY OF THE JUDGMENT DATED 3.6.2024 IN W.P.C.NO.12613 OF 2024 Exhibit P38 TRUE COPY OF THE ORDER DATED 23.7.2024 IN W.A.NO.852 OF 2024 Exhibit P39 TRUE COPY OF THE JUDGMENT DATED 26.7.2024 IN W.A.NO.852 OF 2024 Exhibit P40 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 P41 TRUE COPY OF THE JUDGMENT DATED 8.8.2023 IN S.L.P.(CRL.)NO.5883 OF 2020 OF THE HONOURABLE SUPREME COURT Exhibit P42 THE CERTIFICATE UNDER SECTION 65(B) (4) (C) OF THE INDIAN EVIDENCE ACT READ WITH SECTION 63 OF BHARATIYA SAKSHYA ADHINIYAM, 2023 Exhibit P43 TRUE COPY OF THE LETTER RECEIVED BY THE PETITIONER FROM THE THIRD RESPONDENT BEARING NO.X2-243306/2024/PHQ DATED 2025:KER:48565 WP(C) NO.1461 OF 2025

13.1.2025 Exhibit P44 TRUE COPY OF THE FACEBOOK POST PUBLISHED BY THE FIRST RESPONDENT ON 13.1.2025 AT 2.24 P.M. IN HIS FACEBOOK PAGE HAVING URL HTTPS://WWW.FACEBOOK.COM/PKSURESHKUMARTR UELINE RESPONDENT EXHIBITS

Exhibit R1 Screenshot of high court Website