Kerala High Court
Yahiya vs The Kerala State Police Chief on 13 November, 2020
Equivalent citations: AIRONLINE 2020 KER 881
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF NOVEMBER 2020/22ND KARTHIKA, 1942
WP(C).No.17480 OF 2020(H)
PETITIONER:
YAHIYA,AGED 32 YEARS,
S/O.ABDUL LATHEEF, RESIDING AT
JASMIN NIVAS, PAZHAVILA, PANGODE P.O.,
THIRUVANANTHAPURAM DISTRICT-695 608.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS:
1 THE KERALA STATE POLICE CHIEF,
KERALA STATE POLICE HEADQUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 010.
2 THE STATION HOUSE OFFICER,
PANGODE POLICE STATION,
VAMANAPURAM-CHITTAR RD, PANGODU,
THIRUVANANTHAPURAM DISTRICT-695 609.
BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.11.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.17480/2020
:2 :
JUDGMENT
~~~~~~~~~ Dated this the 13th day of November, 2020 This writ petition is filed by the petitioner seeking to direct the 2nd respondent to remove the name of the petitioner from the list of the habitual offenders maintained in the Pangode Police Station.
2. The petitioner contends that he is a Teacher in an Aided School and was involved in some political activities. Consequently, a number of criminal cases were filed against the petitioner. On the basis of those criminal cases, the respondents have included the name of the petitioner in the list of habitual offenders.
3. The petitioner submits that in all such cases, the petitioner has been acquitted and there is no prosecution pending against the petitioner as on date.
4. In the circumstances, there is no reason to retain the name of the petitioner in the list of habitual offenders. WP(C) No.17480/2020 :3 :
5. Learned Government Pleader, as per the direction of this Court, filed a memo disclosing the following facts:-
"The petitioner has a reported case as 1st accused in the Pangode Police Station with crime No.219/2007, U/S 143, 144, 147, 148, 149, 324, 307 & 34 IPC & Sec.27 of Arms Act for physically abused Mr.Sreejith, S/o.Sasidharan at Mariyathu veedu, Venjaramoodu, Nellanadu village on 09.10.2007. The case was registered with Mr.Sreejith as the petitioner and enquiry and trial completed with SC.249/2017. The case acquitted as per Cr.P.C.235(I) on 10.12.2019.
The petitioner has a reported case as 1st accused in Pangode Police Station Crime No.171/2008, U/S 143, 147, 148, 149, 323, 324, 308 IPC for physically abusing Mr.Md.Jazz, S/o.Abdul Hakkim, Jasmin Manzil, Pangode on 09.10.2017. The case was registered with Mr. Jazz as the petitioner and enquiry and trial completed with SC.693/2011. The case acquitted as per Cr.P.C.323 on 20.07.2013.
The petitioner has a reported case as 1st accused in Pangode Police Station Crime No.36/2009, U/s.107 Cr.P.C. and warrant executed as per MC 29/2009. The bond was submitted before the Hon'ble Sub Divisional Magistrate Court, Nedumangadu.
The petitioner has a reported case as 9th accused in Pangode Police Station Crime No.74/2009, U/S 143, 147, 149, 188, 283 IPC on 25.02.2009 the Pangode Police Station Sub Inspector as petitioner for conducting rally and parade at public place. The case was registered and enquiry and trial completed with CC 498/2009. The case acquitted as per Cr.P.C.255(l) on 06.03.2018.
The petitioner has a reported case as 11 th accused in Pangode Police Station Crime WP(C) No.17480/2020 :4 : No.103/2010, U/s. 143, 147, 148, 149, 506(ii), 120(b), 363 IPC & 27 of Arms Act for threatening Mr.Sathi Kumar with a sword and kidnapping his wife. The case was registered with Mr.Sathi Kumar, S/o. Satheeshan, Satheesh Bhavan, NandayVanam, Nedumparampu, Nagaroor Village as petitioner and the enquiry and trial completed with CC 398/2010. The quashed on 04.02.2014.
It is informed that there are no cases pending against the complainant for the last 10 years."
From the memo filed by the learned Government Pleader, it is evident that the petitioner has been aquitted in most of the cases and in respect of Crime No.36/2009 under Section 107 Cr.P.C., the petitioner has executed a bond with the Sub Divisional Magistrate's Court, Nedumangad.
6. This Court is of the prima facie opinion that Crime No.36/2009 alone may not be sufficient to classify the petitioner as a habitual offender and to include his name in the list of habitual offenders.
In the circumstances, the writ petition is disposed of permitting the petitioner to make an application to the 2nd respondent seeking removal of his name from the list of habitual offenders and in case the petitioner makes such an WP(C) No.17480/2020 :5 : application, the 2nd respondent shall consider the same and pass orders thereon expeditiously, at any rate, within a period of two weeks from the date of receipt of the application.
Sd/-
N. NAGARESH, JUDGE aks/13.11.2020 WP(C) No.17480/2020 :6 : APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LAWYER NOTICE DATED 10.7.2020 FORWARDED TO THE 1ST RESPONDENT.