Kerala High Court
C.K.Gopi vs The District Police Chief on 2 March, 2020
Bench: A.M.Shaffique, V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941
WA.No.359 OF 2020
AGAINST THE ORDER DATED 24.2.2020 IN WP(C) 3951/2020(T) OF HIGH
COURT OF KERALA
APPELLANT:
C.K.GOPI,
AGED 67 YEARS
S/O. KUMARAN, SIVAS HOUSE, KIZHAKKUMBHAGAM KARA,
ETTUMANOOR VILLAGE, KOTTAYAM TALUK, KOTTAYAM
DISTRICT-686631.
BY ADVS.
SRI.M.V.THAMBAN
SRI.R.REJI
SMT.THARA THAMBAN
SRI.B.BIPIN
SRI.ARUN BOSE
RESPONDENTS/RESPONDENTS IN WPC:
1 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, KOTTAYAM,
KOTTAYAM DISTRICT-686001.
2 DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
KOTTAYAM, PIN-686001.
3 THE STATION HOUSE OFFICER,
ETTUMANOOR POLICE STATION, ETTUMANOOR P.O., KOTTAYAM
DISTRICT-686631.
4 LINCY VARGHESE,
PLAMOOTIL, ETTUMANOOR P.O., KOTTAYAM DISTRICT-686631.
5 SAJI MATHEW,
NARIYAMKUNNEL, ETTUMANOOR P.O., KOTTAYAM DISTRICT-
686631.
2
W.A.No.359/2020 & W.P.(C).No.3951/2020
6 ANTONY, CHAMAKALAYIL, ETTUMANOOR P.O., KOTTAYAM
DISTRICT-686631.
7 BIJUMON THOMAS,
ETHITHARAYIL, ETTUMANOOR P.O., KOTTAYAM DISTRICT-
686631.
8 BAIJU K.N.,NARIYAMKUNNEL,
ETTUMANOOR P.O., KOTTAYAM DISTRICT-686631.
9 JOSEPH CHACKO,
PLAKKITHOTTIYIL, ETTUMANOOR P.O., KOTTAYAM
DISTRICT-686631.
10 VISHNU SUKUMARAN,
KUNNEL VEETIL, ETTUMANOOR P.O.,
KOTTAYAM DISTRICT-686631.
11 DILEEP,
KURIYACHEL VEEDU, ETTUMANOOR P.O., KOTTAYAM
DISTRICT-686631.
12 P.C.SURESH,
S/O. CHELLAPPAN ACHARY, PUTHENVEETIL, ETTUMANOOR
P.O., KOTTAYAM DISTRICT-686631.
13 JAMES, PLAMOOTIL, ETTUMANOOR P.O., KOTTAYAM
DISTRICT-686631.
SRI. A.J. VARGHESE-SR. G.P. FOR R1 TO 3
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
02.03.2020, ALONG WITH WP(C).3951/2020(T), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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W.A.No.359/2020 & W.P.(C).No.3951/2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941
WP(C).No.3951 OF 2020(T)
PETITIONER:
C.K.GOPI
AGED 67 YEARS
S/O KUMARAN, SIVAS HOUSE, KIZHAKKUMBHAGAM KARA,
ETTUMANOOR VILLAGE ,KOTTAYAM TALUK, KOTTAYAM
DISTRICT, PIN-686 631.
BY ADVS.
SRI.M.V.THAMBAN
SRI.R.REJI
SMT.THARA THAMBAN
SRI.B.BIPIN
SRI.ARUN BOSE
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, KOTTAYAM,
KOTTAYAM DISTRICT, PIN-686 001.
2 DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
KOTTAYAM, PIN-686 001.
3 THE STATION HOUSE OFFICER,
ETTUMANOOR POLICE STATION, ETTUMANOOR (PO) KOTTAYAM
DISTRICT,PIN-686631.
4 LINCY VARGHESE,
PLAMOOTIL, ETTUMANOOR (PO) KOTTAYAM DISTRICT,PIN-
686631.
5 SAJI MATHEW,
NARIYAMKUNNEL, ETTUMANOOR (PO) KOTTAYAM
DISTRICT,PIN-686631.
4
W.A.No.359/2020 & W.P.(C).No.3951/2020
6 ANTONY,
CHAMAKALAYIL, ETTUMANOOR (PO) KOTTAYAM
DISTRICT,PIN-686631.
7 BIJUMON THOMAS,
ETHITHARAYIL, ETTUMANOOR (PO) KOTTAYAM
DISTRICT,PIN-686631.
8 BAIJU K.N,
NARIYAMKUNNEL, ETTUMANOOR (PO) KOTTAYAM
DISTRICT,PIN-686631.
9 JOSEPH CHACKO,
PLAKKITHOTTIYIL, ETTUMANOOR (PO) KOTTAYAM
DISTRICT,PIN-686 631.
10 VISHNU SUKUMARAN,
KUNNEL VEETIL, ETTUMANOOR (PO) KOTTAYAM
DISTRICT,PIN-686 631.
11 DILEEP,
KURIYACHEL VEEDU, ETTUMANOOR (PO) KOTTAYAM
DISTRICT,PIN-686 631.
12 P.C.SURESH,
S/O CHELLAPPAN ACHARY, PUTHENVEETIL, ETTUMANOOR
(PO) KOTTAYAM DISTRICT,PIN-686 631.
13 JAMES,
PLAMOOTIL, ETTUMANOOR (PO) KOTTAYAM DISTRICT,PIN-
686 631.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2020, ALONG WITH WA.359/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.A.No.359/2020 & W.P.(C).No.3951/2020
JUDGMENT
Dated this the 2nd day of March 2020 Shaffique, J Petitioner in W.P.(C).No.3951 of 2020 has approached the learned Single Judge seeking for a direction that the police should not harass him. He contended that he had filed several public interest litigations before this Court and filed cases taking account the persons who are unable to approach this Court. But at the instance of private respondents 4 to 13, he is being harassed by the 2 nd respondent, Deputy Superintendent of Police. The learned Single Judge by an interim order, having obtained certain details from the Registry that the petitioner had filed several original petitions as well as writ petitions before this Court, directed the police to conduct an enquiry into the conduct of the petitioner and whether he has filed cases for the purpose of demanding any money from them.
2. Apparently, the police can initiate action against a person only if he is involved in any cognizable offence. The police can of course enquire into an allegation that is being made against a person. When the police makes such enquiries, necessarily it has to be in accordance with the procedure prescribed under the Criminal Procedure Code.
6W.A.No.359/2020 & W.P.(C).No.3951/2020
3. According to the petitioner, he has filed several public interest litigations before this Court and had obtained positive orders. If he has filed any frivolous case before the High Court, it is for the High Court to ensure that vexatious and frivolous cases are not being entertained. If there is an allegation that such cases are being filed to extort money from the concerned persons, the High Court itself can pass orders in appropriate cases. So far, no such orders have been passed by the High Court in any of the cases. This is a case in which the petitioner had approached this Court alleging harassment by the police.
4. On instructions the learned Government Pleader submitted that the police had registered a few cases against the petitioner. Case has been registered as Crime No.1476/2019 of Ettumannor Police Station for offence under Section 294 (b) and 447 IPC, Crime No.561/2013 for offence under Section 294(b), 323, 452, 109, 427, 308 and 34 IPC against the petitioner. Yet another Crime No.271/2020 has been registered under Section 294 (b), 341, 506 (1) and 34 IPC. Learned counsel for the petitioner would submit that Crime No.561 of 2013 had been charge sheeted and the petitioner had been acquitted from all offences.
5. Be that as it may, if the police wants to investigate into any crime, there is nothing wrong in the police summoning the petitioner. But in respect of other matters relating to civil disputes or if there is an 7 W.A.No.359/2020 & W.P.(C).No.3951/2020 allegation that the petitioner had filed cases against private parties, police has no right to interfere in the matter.
6. The learned Government Pleader however submits that the police had summoned the petitioner only for the purpose of conducting enquiry into the aforesaid crimes.
7. Having regard to the factual aspects involved in the matter, we are of the view that it is not appropriate for the learned Single Judge to have directed an enquiry to be conducted against the petitioner on the premise that he had filed cases to extort money from the party respondents. In fact, no such complaint had been placed before this Court. Therefore, we set aside the interim direction issued by the learned Single Judge.
8. We have also called for the writ petition. The writ petition is filed alleging that the petitioner was being harassed by the police and the relief sought for was a direction to the 1 st respondent to see that the 2nd and 3rd respondents shall not harass or implicate the petitioner in any false and frivolous cases at the behest of respondents 4 to 13 and their henchmen.
9. The police can make enquiries against the petitioner only if a cognizable offence is made out or if there is an allegation of non- cognizable offence, with the permission of the Judicial Magistrate of 1 st Class having jurisdiction over the matter. Without any such complaint, it is not open for the police to summon the petitioner on the mere 8 W.A.No.359/2020 & W.P.(C).No.3951/2020 allegations made against him, with reference to civil disputes.
Under such circumstances, the writ appeal and writ petition are disposed of as under:
Though the police is entitled to conduct enquiry into a cognizable or non-cognizable offence as per the procedure prescribed under law, in respect of a dispute of civil nature, the petitioner shall not be unnecessarily summoned to the police station for any other enquiry.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
V.G.ARUN
kp True copy JUDGE
P.A. To Judge.
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W.A.No.359/2020 & W.P.(C).No.3951/2020 APPENDIX OF WP(C) 3951/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 7.3.2014 IN WPC NO 32914 OF 2011 OF THIS HON'BLE COURT EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 22.8.2019 IN WPC NO 15599 OF 2019 OF THIS HON'BLE COURT EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 7.2.2020 OF THE PETITIONER EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 7.2.2020 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT