Kerala High Court
Shinoj Sankar vs State Of Kerala on 10 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:41009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
WP(C) NO. 20752 OF 2018
PETITIONER:
SHINOJ SANKAR
AGED 25 YEARS
S/O. JAYASANKAR R, ABHAYAM,
KOCHALUMMOODU,MUDAPURAM P.O., CHIRAYINKIL,
ATTINGAL,THIRUVANANTHAPURAM-695304.
BY ADVS.
SHRI.KALEESWARAM RAJ
SMT.A.ARUNA
SMT.MAITREYI SACHIDANANDA HEGDE
SMT.RIYA RAYMOL IYPE
KUM.THULASI K. RAJ
SRI.VARUN C.VIJAY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO
GOVERNMENT,DEPARTMENT OF HOME,
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 STATE POLICE CHIEF
POLICE HEAD QUARTERS,
VELLAYAMBALAM,THIRUVANANTHAPURAM-695010.
3 POLICE COMPLAINT AUTHORITY
REPRESENTED BY ITS CHAIRMAN,THIRUVANANTHAPURAM-
695304. CORRECTED THE ADDRESS OF R3 BY REPLACING
THE TERM CHAIRMAN WITH THE TERM SECRETARY AS PER
ORDER DATED 22/06/2018 IN IA.NO.11133/2018.
2025:KER:41009
WP(C) NO.20752 OF 2018
2
4 M. ANILKUMAR
INSPECTOR OF POLICE, ATTINGAL POLICE
STATION,S.H.O,ATTINGAL P.O., THIRUVANANTHAPURAM-
695101
5 SANTHOSH
DRIVER, HEAD CONSTABLE, RURAL A.R.
CAMP,PULIKKUDY, THIRUVANANTHAPURAM-695033
6 NISHANTH
C.P.O. 5061, ATTINGAL POLICE STATION,ATTINGAL
P.O., THIRUVANANTHAPURAM-695101.
7 PRADEEP
C.P.O. 5061, ATTINGAL POLICE STATION,ATTINGAL
P.O., THIRUVANANTHAPURAM-695101.
8 JIBI
PROBATIONARY S.I., ATTINGAL POLICE
STATION,ATTINGAL P.O., THIRUVANANTHAPURAM-695101.
BY ADVS.
SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER
SRI.M.R.SARIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:41009
WP(C) NO.20752 OF 2018
3
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.20752 of 2018
-------------------------------
Dated this the 10th day of June, 2025
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i. Declare that Crime No.273/2017, 1398/2017 and 50/2014 of Chirayinkil Police Station registered against the petitioner maliciously and falsely and therefore an abuse of process and State statute machinery.
ii. To declare that the respondents 4 to 8 to are liable to be proceeded against under S.101 of the Kerala Police Act, 2011.
iii. To issue a writ of mandamus directing the respondents 2 to proceed against respondents 4 to 8 under S.101 of Kerala Police Act, 2011. iv. To issue a writ of mandamus directing the 1 st and 2nd respondents to appoint an independent investigation agency to probe into the complaints of the petitioner in Exts.P15, P16, P17 and P19. V. To issue a writ of mandamus directing the 1st and 2nd respondents to provide damages to the petitioner as estimated by this Hon'ble Court, in the facts and circumstances of the case.
vi. To issue a writ of mandamus directing the 3 rd respondent to consider and pass orders on Ext.P17 complaint filed by the petitioner.
vii. Pass such other orders directions or writs as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case."
[SIC] 2025:KER:41009 WP(C) NO.20752 OF 2018 4
2. When this Writ Petition came up for consideration on 16.12.2024, this Court passed the following order:
" The petitioner, an Engineer, was illegally taken away from his home on 25.09.2017 at about 1.35 a.m. by the 4th respondent, who was then the Circle Inspector of Police, Attingal and other police personnel under the C.I of Police. The petitioner alleges that he was severely beaten using lathy by making him stand naked. He has also produced Ext.P2 photographs. The petitioner submits that several complaints were made by him before the Secretary of the Home Department and before the Police Complaint Authority, but no action was taken.
2. Going by Section 110 (3) of the Kerala Police Act, 2011; the Government shall constitute the Police Complaints Authority at District Level for examining and inquiring the complaints against police officers of and up to the rank of Deputy Superintendent of Police. Since the petitioner's complaint in the instant case is against Officers lower in rank than the Deputy Superintendent of Police at the relevant time, it will be open to the petitioner to make an appropriate complaint before the District Police Complaints Authority concerned within two weeks from today. On receipt of the complaint, the District Police Complaints Authority shall take appropriate action in accordance with law within six weeks from the date of receipt of the complaint from the petitioner. The orders so passed 2025:KER:41009 WP(C) NO.20752 OF 2018 5 by the District Police Complaints Authority shall be produced before this Court. The petitioner shall also be heard by the Authority before orders are passed as directed above.
Post on 12.02.2025".
3. Today, when the matter came up for consideration, the counsel for the petitioner submitted that, the petitioner had already approached the District Police Complaint Authority, narrating the grievance as ordered by this Court on 16.12.2024.
The counsel submitted that, the Writ Petition may be kept pending till a decision is taken by the District Police Complaint Authority.
The Public Prosecutor submitted that the investigation in the criminal case is over and the final report has been filed.
4. This Court considered the contention of the petitioner and the Public Prosecutor. I am of the considered opinion that, the other reliefs sought in this Writ Petition can be decided based on the decision of the District Police Complaint Authority also. The other reliefs prayed in this Writ Petition can be left open. Once the District Police Complaint Authority conclude the proceedings, the petitioner can approach this Court with a separate Writ Petition with appropriate reliefs. Granting liberty to the petitioner to approach this Court again, this Writ Petition is disposed of.
2025:KER:41009 WP(C) NO.20752 OF 2018 6 The District Police Complaint Authority, Thiruvananathapuram, shall complete the proceedings, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment. All other contentions raised by the petitioner are left open, and the petitioner can approach this Court again after the disposal of the case by the District Police Complaint Authority.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SSG 2025:KER:41009 WP(C) NO.20752 OF 2018 7 APPENDIX OF WP(C) 20752/2018 PETITIONER'S EXHIBITS Exhibit P23 A TRUE COPY OF THE COMPLAINT/REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT POLICE COMPLAINTS AUTHORITY DATED 27.12.2024.
EXHIBIT P2 COPY OF THE PHOTOGRAPH OF THE PETITIONER EXHIBIT P3 COPY OF THE REMAND REPORT DATED 26.09.2017 IN CRIME NO. 1398/2017 EXHIBIT P4 COPY OF THE NEWS REPORT PUBLISHED IN KAUMUDI DAILY DATED 26.09.2017 EXHIBIT P5 COPY OF THE RELEVANT PAGE OF THE ENTRY BOOK OF ATTINGAL POLICE STATION. EXHIBIT P6A COPY OF THE MEDICAL RECORDS OF THE PETITIONER.
EXHIBIT P6B COPY OF THE MEDICAL RECORDS OF THE PETITIONER.
EXHIBIT P6C COPY OF THE MEDICAL RECORDS OF THE PETITIONER.
EXHIBIT P6D COPY OF THE MEDICAL RECORDS OF THE PETITIONER.
EXHIBIT P6E COPY OF THE MEDICAL RECORDS OF THE PETITIONER.
EXHIBIT P6F COPY OF THE MEDICAL RECORDS OF THE PETITIONER.
EXHIBIT P6G COPY OF THE MEDICAL RECORDS OF THE PETITIONER.
EXHIBIT P7 COPY OF THE COMPLAINT DATED 29.09.2013 SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR, CHIRAYINKIL.
EXHIBIT P8 COPY OF THE COMPLAINT DATED 10.01.2014 FILED BY THE FATHER OF THE PETITIONER BEFORE THE DY.SUPERINTENDENT OF POLICE, ATTINGAL SUB DIVISION.
EXHIBIT P1 COPY OF THE FIR NO. 1398/17 DATED 24.09.2017 EXHIBIT P10 COPY OF THE COMPLAINT DATED 30.04.2015 FILED BY THE FATHER OF THE PETITIONER BEFORE THE DISTRICT POLICE, CHIEF, THIRUVANANTHAPURAM EXHIBIT P11 COPY OF THE COMPLAINT FILED BY THE MOTHER OF THE PETITIONER DATED 02.05.2015.
2025:KER:41009 WP(C) NO.20752 OF 2018 8 EXHIBIT P12 COPY OF THE COMPLAINT DATED 05.05.2015 FILED BY THE MOTHER OF THE PETITIONER TO THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM.
EXHIBIT P13 COPY OF THE FIR NO. 305/2017 OF CHIRAYINKIL POLICE STATION.
EXHIBIT P14 COPY OF THE TREATMENT CERTIFICATE OF THE PETITIONER DATED 09.03.2017 EXHIBIT P15 COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE HUMAN RIGHTS COMMISSION DATED 05.10.2017 EXHIBIT P16 COPY OF THE COMPLAINT DATED 22.2.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P17 COPY OF THE COMPLAINT DATED 05.10.2017 SUBMITTED BEFORE THE POLICE COMPLAINT AUTHORITY.
EXHIBIT P18 COPY OF THE JUDGMENT DATED IN CRL.M.C.NO.7253/2015 EXHIBIT P19 COPY OF THE MEMORANDUM OF CRL.M.P. NO.1526/2018 EXHIBIT P20 COPY OF THE PRELIMINARY ORDER DATED 29.1.2018 ISSUE BY THE SUB DIVISIONAL MAGISTRATE THIRUVANANTHAPURAM. EXHIBIT P21 COPY OF THE INTERIM ORDER DATED 13.04.2018 IN CLRM.C. NO. 2666/2018. EXHIBIT P22 COPY OF THE REPLY UNDER RTI DATED 26.12.2017.
EXHIBIT P9 COPY OF THE COMPLAINT DATED 10.04.2015 FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR, CHIRAYINKIL.