Kerala High Court
N.Prakash vs Advocate K.M.Shajahan on 27 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:36601
WP(CRL.) NO. 634 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
WP(CRL.) NO. 634 OF 2025
PETITIONER/S:
N.PRAKASH
AGED 61 YEARS
SON OF LATE A.NARAYANA RAO RESIDING AT
PRAJITH VIHAR, AYINI ROAD, MARADU P.O.
ERNAKULAM, PIN - 682304
BY ADV N.PRAKASH(Party-In-Person)
RESPONDENT/S:
1 ADVOCATE K.M.SHAJAHAN
RESIDING AT BHAVANA, T.C.96/2256, MEDICAL
COLLEGE P.O. THIRUVANANTHAPURAM, PIN - 695011
2 JAYAPRAKASH E.P
SON OF V.P.PADMANABHAN NAIR , RESIDING AT AMRITH
SAGAR, THENHIPALAM P.O., MALAPPURAM, PIN -
673636
3 STATE POLICE CHIEF
STATE POLICE HEADQUARTERS, THIRUVANANTHAPURAM,
PIN - 695010
4 STATION HOUSE OFFICER
CYBER CRIME POLICE STATION KOCHI CITY, EXPRESS
WAY ROAD OPPOSITE FOUR POINTS HOTEL BY SHERATON
INFOPARK P.O. KAKKANAD, ERNAKULAM, PIN - 682041
2025:KER:36601
WP(CRL.) NO. 634 OF 2025
2
OTHER PRESENT:
SEETHA.S, SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 27.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:36601
WP(CRL.) NO. 634 OF 2025
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(Crl.).No.634 of 2025
----------------------------------------------
Dated this the 27th day of May, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. Issue appropriate directions directing the Chief
Judicial Magistrate, Ernakulam to proceed with
Exhibit P27 in accordance with law and not under
Section 222 BNSS as Exhibit P27 is not a
prosecution for defamation.
ii. Issue a writ of mandamus or any other appropriate
writs, directions or orders directing the third
respondent to initiate appropriate action against
the fourth respondent as mandated in Lalita
Kumari for the failure of the fourth respondent to
register FIR even though cognizable offences were
reported to him by the petitioner by way of the
various complaints submitted by the petitioner
before the fourth respondent.
iii. Issue such other orders as are deemed fit and
proper in the circumstances of the case.
(SIC)
2. Petitioner filed a private complaint before the Chief
Judicial Magistrate, Ernakulam raising certain contentions.
2025:KER:36601
WP(CRL.) NO. 634 OF 2025
The case is now posted for hearing about the maintainability of
the complaint in the light of Section 222 of BNSS. According
to the petitioner, Section 222 of BNSS is not applicable.
Admittedly the case is only posted for hearing.
3. The petitioner can raise all the contentions raised in
this writ petition before the learned Magistrate. If such
contentions are raised, the learned Magistrate will consider
the same and pass appropriate orders. If the orders are
against the petitioner, he is free to challenge the same in
accordance with law.
With the above observation, this writ petition (criminal) is
disposed of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
2025:KER:36601
WP(CRL.) NO. 634 OF 2025
APPENDIX OF WP(CRL.) 634/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MAIL SENT BY THE
PETITIONER ON 8.1.2025 AT 1.06 P.M. TO
STATE POLICE CHIEF, COMMISSIONER OF
POLICE, ERNAKULAM, STATION HOUSE
OFFICER, CYBER CRIME POLICE STATION,
ERNAKULAM AND REGISTRAR GENERAL, HIGH
COURT OF KERALA
Exhibit P2 TRUE COPY OF THE MAIL RECEIVED BY THE
PETITIONER ON 8.1.2025 AT 5.05 P.M.
FROM SPECIAL TEAM, POLICE HEADQUARTERS
Exhibit P3 THE SCREEN SHOT OF THE FACEBOOK POST OF
THE SECOND RESPONDENT PUBLISHED ON
8.1.2025 AT 6.20 P.M.
Exhibit P4 TRUE COPY OF THE MAIL SENT BY THE
PETITIONER ON 8.1.2025 AT 8.23 P.M. TO
STATE POLICE CHIEF, COMMISSIONER OF
POLICE, ERNAKULAM, STATION HOUSE
OFFICER, CYBER CRIME POLICE STATION,
ERNAKULAM AND REGISTRAR GENERAL, HIGH
COURT OF KERALA
Exhibit P5 TRUE COPY OF THE MAIL RECEIVED BY THE
PETITIONER ON 9.1.2025 AT 2.44 P.M.
FROM SPECIAL TEAM, POLICE HEADQUARTERS
Exhibit P6 TRUE COPY OF THE MAIL SENT BY THE
PETITIONER ON 8.1.2025 AT 9.27 P.M. TO
STATE POLICE CHIEF, COMMISSIONER OF
POLICE, ERNAKULAM, STATION HOUSE
OFFICER, CYBER CRIME POLICE STATION,
ERNAKULAM AND REGISTRAR GENERAL, HIGH
COURT OF KERALA
Exhibit P7 TRUE COPY OF THE MAIL RECEIVED BY THE
2025:KER:36601
WP(CRL.) NO. 634 OF 2025
PETITIONER ON 9.1.2025 AT 3.12 P.M.
FROM SPECIAL TEAM, POLICE HEADQUARTERS
Exhibit P8 THE SCREEN SHOT OF THE FACEBOOK POST OF
THE SECOND RESPONDENT PUBLISHED ON
9.1.2025 AT 8.20 A.M
Exhibit P9 TRUE COPY OF THE MAIL SENT BY THE
PETITIONER ON 9.1.2025 AT 9.07 A.M. TO
STATE POLICE CHIEF, COMMISSIONER OF
POLICE, ERNAKULAM, STATION HOUSE
OFFICER, CYBER CRIME POLICE STATION,
ERNAKULAM AND REGISTRAR GENERAL, HIGH
COURT OF KERALA
Exhibit P10 TRUE COPY OF THE MAIL RECEIVED BY THE
PETITIONER ON 9.1.2025 AT 5.32 P.M.
FROM THE COMMISSIONER OF POLICE,
ERNAKULAM
Exhibit P11 TRUE COPY OF THE MAIL SENT BY THE
PETITIONER ON 10.1.2025 AT 2.32 P.M. TO
STATE POLICE CHIEF, COMMISSIONER OF
POLICE, ERNAKULAM, STATION HOUSE
OFFICER, CYBER CRIME POLICE STATION,
ERNAKULAM AND REGISTRAR GENERAL, HIGH
COURT OF KERALA
Exhibit P12 TRUE COPY OF THE MAIL RECEIVED BY THE
PETITIONER ON 10.1.2025 AT 3.24 P.M.
FROM SPECIAL TEAM, POLICE HEADQUARTERS
Exhibit P13 TRUE COPY OF THE MAIL SENT BY THE
PETITIONER ON 10.1.2025 AT 3.12 P.M. TO
STATE POLICE CHIEF, COMMISSIONER OF
POLICE, ERNAKULAM, STATION HOUSE
OFFICER, CYBER CRIME POLICE STATION,
ERNAKULAM AND REGISTRAR GENERAL, HIGH
COURT OF KERALA
Exhibit P14 TRUE COPY OF THE MAIL RECEIVED BY THE
PETITIONER ON 11.1.2025 AT 10.41 A.M.
2025:KER:36601
WP(CRL.) NO. 634 OF 2025
FROM SPECIAL TEAM, POLICE HEADQUARTERS
Exhibit P15 TRUE COPY OF THE MAIL SENT BY THE
PETITIONER ON 12.1.2025 AT 12.32 P.M.
TO STATE POLICE CHIEF, COMMISSIONER OF
POLICE, ERNAKULAM, STATION HOUSE
OFFICER, CYBER CRIME POLICE STATION,
ERNAKULAM AND REGISTRAR GENERAL, HIGH
COURT OF KERALA
Exhibit P16 TRUE COPY OF THE MAIL RECEIVED BY THE
PETITIONER ON 12.1.2025 AT 2.11 P.M.
FROM SPECIAL TEAM, POLICE HEADQUARTERS
Exhibit P17 TRUE COPY OF THE FACEBOOK POST
PUBLISHED AT 6.03 P.M. ON 15.1.2025 BY
THE SECOND RESPONDENT
Exhibit P18 TRUE COPY OF THE MAIL SENT BY THE
PETITIONER ON 15.1.2025 AT 6.45 P.M. TO
STATE POLICE CHIEF, COMMISSIONER OF
POLICE, ERNAKULAM, STATION HOUSE
OFFICER, CYBER CRIME POLICE STATION,
ERNAKULAM AND REGISTRAR GENERAL, HIGH
COURT OF KERALA
Exhibit P19 TRUE COPY OF THE MAIL RECEIVED BY THE
PETITIONER ON 16.1.2025 AT 9.41 A.M.
FROM THE COMMISSIONER OF POLICE,
ERNAKULAM
Exhibit P20 TRUE COPY OF THE FACEBOOK POSTS
PUBLISHED BY THE SECOND RESPONDENT ON
27.1.2025
Exhibit P21 TRUE COPY OF THE FACEBOOK POSTS
PUBLISHED BY THE SECOND RESPONDENT ON
29.1.2025, 30.1.2025, 1.2.2025,
2.2.2025 AND 4.2.2025
Exhibit P22 THE TRUE COPIES OF THE FACEBOOK POSTS
DAMNIFYING HONOURABLE DR.JUSTICE KAUSER
2025:KER:36601
WP(CRL.) NO. 634 OF 2025
EDAPPAGATH PUBLISHED BY THE SECOND
RESPONDENT
Exhibit P23 TRUE COPY OF THE COUNTER AFFIDAVIT
DATED 19.3.2025 FILED BY THE SECOND
RESPONDENT IN W.P.C.NO.2913 OF 2015
(WITHOUT THE EXHIBITS THEREIN)
Exhibit P24 TRUE COPY OF THE JUDGMENT DATED
24.3.2025 IN W.P.C.NO.2913 OF 2025
Exhibit P25 THE CERTIFICATE UNDER SECTION 65B (4)
(C) OF THE EVIDENCE ACT, 1972 READ WITH
SECTION 63 OF BHARATIYA SAKSHYA
ADHINIYAM, 2023
Exhibit P26 TRUE COPY OF F.I.R.NO.52 OF 2024 DATED
20.12.2024 SUBMITTED BY CYBER CRIME
POLICE STATION, KOCHI BEFORE THE CHIEF
JUDICIAL MAGISTRATE ERNAKULAM
Exhibit P27 TRUE COPY OF CRL.M.P.4573 OF 2025
SUBMITTED BY THE PETITIONER BEFORE THE
CHIEF JUDICIAL MAGISTRATE ERNAKULAM
(WITHOUT THE DOCUMENTS SUBMITTED
ALONGWITH THE SAME)
Exhibit P28 TRUE COPY OF THE REPORT DATED 23.5.2025
SUBMITTED BY THE STATION HOUSE OFFICER,
CYBER POLICE STATION ERNAKULAM BEFORE
THE CHIEF JUDICIAL MAGISTRATE ERNAKULAM
Exhibit P29 TRUE COPY OF THE CASE STATUS OF
CRL.M.P.4573 OF 2025 OF THE CHIEF
JUDICIAL MAGISTRATE ERNAKULAM DATED
23.5.2025 DOWNLOADED FROM THE WEBSITE
OF DISTRICT COURT, ERNAKULAM
