Kerala High Court
Shafeek vs Station House Officer, Ponnani Police ... on 26 May, 2025
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.Nos.10488/24 & 1173/25
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 26TH DAY OF MAY 2025 / 5TH JYAISHTA, 1947
CRL.MC NO. 1173 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.4924 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
PETITIONER:
SHAFEEK
AGED 46 YEARS
THEKKEPARAMBIL HOUSE, KOLLENPADI, PONNANI P.O,
MALAPPURAM DISTRICT, KERALA STATE., PIN - 679577
BY ADV SHAFEEK(Party-In-Person)
RESPONDENTS:
1 STATION HOUSE OFFICER, PONNANI POLICE STATION
PONNANI, MALAPPURAM DIST, KERALA, PIN - 679584
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
OTHER PRESENT:
SMT. PUSHPALATHA. M.K. SR.PP. SRI. M.C. ASI, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.05.2025, ALONG WITH Crl.MC.10488/2024, THE COURT ON
26.05.2025 PASSED THE FOLLOWING:
Crl.M.C.Nos.10488/24 & 1173/25
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 26TH DAY OF MAY 2025 / 5TH JYAISHTA, 1947
CRL.MC NO. 10488 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 25.10.2024 IN CMP
NO.3884 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
PONNANI
PETITIONERS:
SHAFEEK
AGED 45 YEARS
S/O ABDUL SALAM, THEKKEPARAMBIL HOUSE,
KOLLENPADI, PONNANI P.O, MALAPPURAM DISTRICT,
KERALA STATE, PIN - 679577
BY ADV SHAFEEK (Party-In-Person)
RESPONDENTS:
1 STATION HOUSE OFFICER, PONNANI POLICE STATION
PONNANI, MALAPPURAM DIST, KERALA, PIN - 679584
2 D.Y.S.P
TIRUR SUB DIVISION, TIRUR, MALAPPURAM DIST,
KERALA, PIN - 676101
Crl.M.C.Nos.10488/24 & 1173/25
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3 DISTRICT POLICE CHIEF
MALAPPURAM DIST, KERALA, PIN - 676505
4 STATE POLICE CHIEF
KERALA STATE, VELLAYAMBALAM, THIRUVANANTHAPURAM
DIST, KERALA, PIN - 695010
5 HOME SECRETARY
KERALA STATE, SECRETARIAT, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
6 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.05.2025, ALONG WITH Crl.MC.1173/2025, THE COURT ON
26.05.2025 PASSED THE FOLLOWING:
Crl.M.C.Nos.10488/24 & 1173/25
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V.G.ARUN, J
= = = = = = = = = = = = = = = = =
Crl.M.C.Nos.10488 of 2024 & 1173 of 2025
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Dated this the 26th day of May, 2025
ORDER
The petitioner is aggrieved by the investigation in Crime
No.290 of 2018 registered against him at the Ponnani Police
Station, which according to the petitioner was conducted in
contravention of the interim order of the High Court. Shorn of
unnecessary details, the facts are as under;
The litigations that had arisen by reason of the marital
discord between the petitioner and his wife had reached up to
the Supreme Court. In one such Special Leave Petition, notice
was ordered to be served by dasti service and the petitioner
was directed to file an affidavit after effecting service. In terms
of the direction, the petitioner went to his wife's house on
13.07.2018. According to the petitioner, on that day he was
Crl.M.C.Nos.10488/24 & 1173/25
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brutally assaulted by his father-in-law, brother-in-law and
others. Surprisingly, instead of registering crime against the
real culprits, Ponnani police registered Crime No.290 of 2018
against the petitioner. Later, at the instance of the petitioner,
Crime No.162 of 2019 was registered against some of the
aggressors. The petitioner had filed Crl.M.C.No.3061 of 2019,
dissatisfied with the investigation in Crime No.162 of 2019
registered at his instance. That Crl.M.C was disposed of by
order dated 11.06.2019, directing to handover the investigation
to a superior officer. The petitioner had also filed
Crl.M.C.No.8015 of 2018 for quashing the FIR and further
proceedings in Crime No.290 of 2018 registered against him,
wherein, the High Court passed an interim order on
27.11.2018. The interim order continued to be in force until
the Crl.M.C was allowed as per order dated 14.10.2024. In the
meanwhile, the Dy.S.P, Tirur filed a report dated 28.02.2023
before the Judicial First Class Magistrate Court, Ponnani,
stating that, in pursuance of the direction in Crl.M.C.No.3061
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of 2019, his predecessors had conducted investigation and filed
final report in Crime No.162 of 2019. It was also reported that,
since crimes pertaining to the same incident are to be
investigated by the same officer, he is conducting investigation
in Crime No.290 of 2018. In the course of such investigation,
the police visited the petitioner's house on 09.10.2024.
Aggrieved by the conduct of investigation and alleging trespass
into his residential premises, petitioner approached the
jurisdictional Magistrate's Court with two petitions: (i) CMP
No.4924 of 2024 seeking direction to register crime against the
Dy.S.P., Tirur for having commenced investigation in Crime
No.290 of 2018 violating the interim order issued by the High
Court and (ii) CMP No.3884 of 2024 seeking a direction to the
Station House Officer, Ponnani Police Station to register crime
against the persons who had trespassed into the petitioner's
residential premises on 09.10.2024, violating the interim order
of the High Court. The Magistrate having dismissed both
petitions, these Crl.M.Cs are filed.
Crl.M.C.Nos.10488/24 & 1173/25
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2. In Crl.M.C.No.10488 of 2024 challenging the dismissal
of CMP No.3884 of 2024, the prayers are as under;
"Therefore, it is humbly prayed that, this Honorable Court may be
pleased to quash-Annexure A9-the order of the Hon. JFCM Court
Ponnani passed in CMP 3884/2024, order dated 25.10.2024, and
direct to the court below to restore the CMP 3884/2024 Petition on
the file and to proceed in accordance with law - OR- Allow the prayer
mentioned in the CMP 3884/2024."
And in Crl.M.C.No.1173 of 2025, challenging the order in
CMP.No. 4924 of 2024, the reliefs sought are as follows;
"Therefore, it is humbly prayed that, this Honorable Court may be
pleased to quash - Annexure A16- The order of Hon. Judicial First
Class Magistrate Court, Ponnani passed in CMP No. 4924/2024,
order dated 30.12.2024 and allow the prayer mentioned in the CMP
No. 4924/2024-OR-direct to the court below to take back the CMP
No.4924/2024-Annexure A17- on the file and proceed in accordance
with law."
3. I heard the petitioner appearing in person and the
Public Prosecutor.
4. The solitary and forceful contention urged by the
petitioner is that the Dy.SP, Tirur, who had filed the report
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dated 28.02.2023 before the jurisdictional Magistrate, stating
that he is conducting investigation in Crime No.290 of 2018 and
who, in the guise of such investigation, had trespassed into the
petitioner's residential premises along with others, is guilty of
having violated this Court's interim order and commission of
criminal offences.
5. The focus of the argument being on this Court's order
and its violation, it is essential to carefully read the following
order dated 27.11.2018 in Crl.M.A.No.1 of 2018 in
Crl.M.C.No.8015 of 2018;
"Heard the petitioner, who appears in person and the learned
Public Prosecutor.
2. The petitioner submits that the proceedings initiated against
him by his wife was challenged by him before the Apex Court in two
separate proceedings. By order dated 2.7.2018, notice was ordered
to be served by dasti service and the petitioner was directed to file
affidavit of service after service of notice. In terms of the directions,
he went to the house of the de facto complainant. Alleging that he
had committed criminal trespass and voluntarily caused hurt,
information was furnished on the next day and a crime was
registered. The petitioner contends that the Apex Court by separate
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orders had quashed the proceedings initiated against him under
Section 498A of the IPC and under the provisions of the Domestic
Violence Act. The allegations are frivolous and vexatious and have
been levelled to spite him with malafide intent is the argument.
Having gone through the materials on record, prima facie, I
find merit in the submissions advanced.
There shall be an interim order as prayed for, for a period of
two months."
This Court having granted an interim order as prayed for,
the interim relief sought by the petitioner also assumes
relevance. Hence the interim prayer is extracted below;
"Therefore it is respectfully prayed that this Hon'ble Court may
be pleased to stay all proceedings against the petitioner in Crime
No.290 of 2018 on the files of the Court of Judicial First Class
Magistrate-1, Ponnani pending disposal of the above Criminal
Miscellaneous Case."
6. A conjoint reading of the prayer and the interim order
makes it clear that this Court had stayed only the proceedings
against the petitioner in Crime No.290 of 2018. As such, there
was no stay of further investigation in the crime. Being so, the
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conduct of investigation by the Dy.S.P. after submitting a report
to the jurisdictional Magistrate does not amount to violation of
the order. The alleged trespass into the petitioner's residential
premises being part of such investigation, does not warrant the
registration of a crime and investigation as sought by the
petitioner. Moreover, the so called investigation conducted by
the Dy.S.P. after submitting the report has also lost its
relevance, the FIR and further proceedings in that crime
having been quashed by this Court. In such circumstances, the
learned Magistrate was justified in dismissing the petitions.
The Crl.MCs are hence dismissed.
sd/-
V.G.ARUN, JUDGE
sj
Crl.M.C.Nos.10488/24 & 1173/25
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APPENDIX OF CRL.MC 10488/2024
PETITIONER ANNEXURES
Annexure A1 THE COPY OF THE ORDER OF HON. SUPREME
COURT OF INDIA, PASSED IN
SLP.CRL.10041/2024 WHICH ARE EXTENDED
INTERIM STAY ORDER PASSED IN THE
CRL.M.A NO.1/ 2018 IN CRL. MC 8015 /
2018 AS UNTIL FURTHER ORDER
Annexure A2 COPY OF THE ORDER OF THE HON. HIGH
COURT OF KERALA ,ORDER DATED 04.07.2024
PASSED IN CRL. M.A NO.1/2018 IN
CRL.MC.8015/2018 WHICH ARE EXTENDED THE
INTERIM STAY ORDER TILL 19.07.2024
Annexure A3 COPY OF THE ORDER OF THE HON. HIGH
COURT OF KERALA, ORDER DATED 07.02.2020
PASSED IN CRL. M.A NO.1/2018 IN
CRL.MC.8015/2018 WHICH ARE EXTENDED THE
INTERIM ORDER UNTIL FURTHER ORDERS
Annexure A4 COPY OF THE ORDER OF THE HON. HIGH
COURT OF KERALA , ORDER DATED
27.11.2018 PASSED IN CRL. M.A NO.1 /
2018 IN CRL.MC.8015/2018 WHICH ARE
STAYED THE PROCEEDINGS OF
CRIME.NO.290/2018 OF PONNANI POLICE
STATION FOR TWO MONTHS
Annexure A5 COPY OF CCTV VISUALS OF THE HOUSE OF
THIS PETITIONER IN PONNANI, ON DATED
18.09.2024
Crl.M.C.Nos.10488/24 & 1173/25
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Annexure A6 COPY OF THE PETITION CMP 3884 / 2024,
PETITION DATED 21.10.2024, FILED BEFORE
HON. JFCM COURT, PONNANI
Annexure A7 COPY OF THE ORDER OF HON. HIGH COURT OF
KERALA PASSED IN CRL.MC 1416/2019,
ORDER DATED , 27.02.2019 WHICH ARE
QUASHED ONE ORDER OF SAME COURT BELOW /
HON. JFCM, COURT PONNANI
Annexure A8 COPY OF THE ORDER PASSED BY THE HON.
HIGH COURT OF KERALA IN CRL. M.C 8015
OF 2018, ORDER DATED 14.10.2024 WHICH
ONE QUASHED FIR 290/2018 REGISTERED
AGAINST THIS PETITIONER
Annexure A9 THE CERTIFIED COPY OF THE ORDER OF THE
HON. JFCM COURT, PONNANI PASSED IN CMP
3884/2024, ORDER DATED 25.10.2024 AS
THE COMPLAINT REJECTED, IN THE PRE-
COGNIZABLE STAGE, WHILE THE PETITION/
COMPLAINT HAVING DETAILS OF COGNIZABLE
OFFENCES
Annexure A10 TRUE COPY OF THE REPORT GIVEN BY THE
DY.SP, TIRUR, BIJU.K.M WHO IS IN THE
CHAIR OF DY.S.P , TIRUR SUB DIVISION IN
THE PERIOD OF 28.02.2023, AND THAT
REPORT CLEARLY STATED THAT DY.SP ,
TIRUR, BIJU.K.M HE HIMSELF CONDUCTED
THE INVESTIGATION IN THE FIR 290/2018
OF PONNANI POLICE STATION WHILE THERE
IS STAY FROM THE HON. HIGH COURT OF
KERALA.
Crl.M.C.Nos.10488/24 & 1173/25
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PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER OF HON. SUPREME
COURT OF INDIA, PASSED IN SLP.CRL.3923
OF 2016, ORDER DATED 06.03.2017, WHICH
ONE QUASHED THE DV ACT 2005 PROCEEDINGS
REGISTERED AGAINST THIS PETITIONER AND
MOTHER.
Annexure A2 TRUE COPY OF THE ORDER OF HON. SUPREME
COURT OF INDIA, PASSED IN THE SLP.CRL.
1885 OF 2018, ORDER DATED 12.11.2018 ,
WHICH ONE QUASHED 498 A, 406, 323 IPC
MATTER CASES REGISTERED AGAINST THIS
PETITIONER AND RELATIVES
Annexure A3 TRUE COPY OF ORDER OF HON. SUPREME
COURT OF INDIA WHICH ONE PERMITTED THE
DASTI SERVICE IN THE SLP.CRL.1885/2018
WHICH IS THEN UNDER CONSIDERATION OF
HON. SUPREME COURT OF INDIA , ORDER
DATED 02.07.2018.
Annexure A4 TRUE COPY OF THE ORDER OF HON. HIGH
COURT OF KERALA PASSED IN CRL. M.A NO.1
OF 2018 IN CRL.MC 8015/2018, ORDER
DATED 27.11.2018 WHICH ONE STAYED ALL
THE PROCEEDINGS ON FIR 290/2018 OF
PONNANI POLICE STATION FOR 2 MONTHS.
Annexure A5 TRUE COPY OF THE ORDER OF HON. HIGH
COURT OF KERALA PASSED IN THE CRL.MC
1416/2019, ORDER DATED 27.02.2019,
WHICH ONE QUASHED ORDER OF HON. JFCM
COURT, PONNANI IN CMP 3082/2018
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Annexure A6 TRUE COPY OF FIR 162/2019 OF PONNANI
POLICE STATION, FIR DATED 22.03.2019
WHICH ARE REGISTERED AT THE INSTANCE OF
THIS PETITIONER FOR THE PRE-PLANNED
GROUP ATTACK AND THE DUTY OF SERVING
THE DASTI NOTICE OF HON. SUPREME COURT
OF INDIA INTERRUPTED.
Annexure A7 TRUE COPY OF THE ORDER OF HON. HIGH
COURT OF KERALA PASSED IN THE CRL.MC
3061 /2019, ORDER DATED 11.06.2019 IN
WHICH ORDERED AS INSTEAD OF QUASHING
THE FIR 162/2019, DIRECTED TO HANDOVER
THE INVESTIGATION OF FIR 162/2019 TO
SUPERIOR OFFICER, AND , IF WARRANTED
FIR 297/2018 ALSO, AND NOTHING MORE
Annexure A8 TRUE COPY OF THE ORDER OF HON. HIGH
COURT OF KERALA PASSED IN THE CRL. M.A.
NO. 1 OF 2018 IN CRL.MC 8015/2018,
ORDER DATED 24.07.2019 WHICH ARE
EXTENDED THE STAY ORDER PASSED IN FIR
290/2018 OF PONNANI POLICE STATION FOR
ANOTHER 3 MONTHS
Annexure A9 TRUE COPY OF THE ORDER OF HON. HIGH
COURT OF KERALA PASSED IN THE CRL. M.A.
NO.1 OF 2018 IN CRL.MC 8015/2018, ORDER
DATED 22.10.2019 WHICH ARE EXTENDED THE
STAY ORDER PASSED IN FIR 290/2018 OF
PONNANI POLICE STATION FOR ANOTHER 2
MONTHS
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Annexure A10 TRUE COPY OF THE ORDER OF HON. HIGH
COURT OF KERALA PASSED IN THE CR]. M.A.
NO.1 OF 2018 IN CRL.MC 8015/2018, ORDER
DATED 13.12.2019 WHICH ARE EXTENDED THE
STAY ORDER PASSED IN FIR 290/2018 OF
PONNANI POLICE STATION FOR ANOTHER 2
MONTHS.
Annexure A11 TRUE COPY OF THE ORDER OF HON. HIGH
COURT OF KERALA PASSED IN THE CRL. M.A.
NO. 1 OF 2018 IN CRL.MC 8015/2018,
ORDER DATED 07.02.2020 WHICH ARE
EXTENDED THE STAY ORDER PASSED IN FIR
290/2018 OF PONNANI POLICE STATION
UNTIL FURTHER ORDERS
Annexure A12 TRUE COPY OF THE FINAL REPORT , NO. 946
/ 2022, DATED 28.12.2022, SUBMITTED BY
DY.S.P TIRUR, V.V.BENNY, BEFORE THE
HON.JFCM COURT AGAINST THREE ACCUSED
FOR THE GROUP ATTACK AND DETERRED THE
DUTY OF SERVING THE DASTI NOTICE OF THE
HON. SUPREME COURT OF INDIA WHILE THIS
PETITIONER ACT AS A SERVING OFFICER OF
THE HON. SUPREME COURT OF INDIA.
Annexure A13 TRUE COPY OF THE REPORT SUBMITTED BY
THE POLICE IN THE COURT BELOW / HON.
JFCM COURT, PONNANI THROUGH THE OLD
DY.SP, TIRUR, BIJU.K.M, WHO IS IN THE
CHAIR OF DY.S.P, TIRUR SUB DIVISION IN
THE PERIOD OF REPORT DATED 28.02.2023.
Annexure A14 TRUE COPY OF THE ORDER OF HON. SUPREME
COURT OF INDIA PASSED IN SLP.CRL.10041/
2024, ORDER DATED 06.09.2024 WHICH ARE
EXTENDED THE STAY AGAIN UNTIL FURTHER
ORDERS.
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Annexure A15 TRUE COPY OF THE ORDER OF HON. HIGH
COURT OF KERALA PASSED IN CRL.MC
8015/2018, ORDER DATED 14,10.2024 WHICH
ONE QUASHED FIR NO. 290 / 2018 OF
PONNANI POLICE STATION WHICH ARE
REGISTERED AGAINST THIS PETITIONER.
Annexure A16 CERTIFIED COPY OF THE ORDER OF HON.
JFCM COURT, PONNANI PASSED IN THE CMP
4924 / 2024, ORDER DATED 30.12.2024 AS
REJECTED THE CMP.
Annexure A17 TRUE COPY OF THE PETITION CMP 4924/
2024, PETITION DATED 23.12.2024 WHICH
ONE SUBMITTED BEFORE HON. JFCM COURT,
PONNANI
