Kerala High Court
Halarudheen vs The District Police Chief
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 7TH DAY OF AUGUST 2014/16TH SRAVANA, 1936
WP(C).No. 2793 of 2014 (Y)
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PETITIONER(S):
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1. HALARUDHEEN,AGED 33 YEARS,
S/O.ALAVI,KALLINGAL HOUSE,PATHAPPIRIYAM,
ERNAD, MALAPPURAM DISTRICT,PIN-676 123.
2. ALI AKBAR,AGED 43 YEARS,PODIYATTU MADATHIL HOUSE,
PATHAPPIRIYAM,ERNAD, MALAPPURAM DISTRICT,PIN-676 123.
BY ADVS.SRI.K.M.SATHYANATHA MENON
SRI.A.SANTHOSHKUMAR
RESPONDENT(S):
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1. THE DISTRICT POLICE CHIEF,
MALAPPURAM,PIN-676 505.
2. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
SECRETARIAT,THIRUVANATHAPURAM-695 001.
R1 & R2 BY PUBLIC PROSECUTOR SMT. P.MAYA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07-08-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).NO.2793/2014
APPENDIX
PETITIONER'S EXHIBITS:
P1 PHOTOGRAPHS SHOWING THE INJURIES SUSTAINED BY THE 2ND
PETITIONER.
P2 COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.562/2013 OF
EDAVANNA POLICE STATION.
P3 COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.575/2013 OF
EDAVANNA POLICE STATION AGAINST SRI.JAWAHAR SADATH AN OTHERS.
P4 COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.113/2014 OF
MANJERI POLICE STATION AGAINST SRI.ANWAR SADATH.
P5 COPY OF THE COMPLAINT DATED 16/1/2014 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 1ST RESPONDENT
P5(A) COPY OF THE RECEIPT DATED 16/1/2014 ISSUED FROM THE OFFICE OF THE
1ST RESPONDENT.
P6 COPY OF THE COMPLAINT DATED 18/1/2014 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 1ST RESPONDENT
P6(A) COPY OF THE RECEIPT DATED 18/1/2014 ISSUED FROM THE OFFICE OF THE
1ST RESPONDENT
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
K. RAMAKRISHNAN, J.
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W.P.(C).No.2793 of 2014
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Dated this the 7th day of August, 2014
J U D G M E N T
This writ petition is filed by the petitioners, who are the defacto-complainant and injured in Crime No.562/2013 of Edavanna police station for proper and effective investigation under Article 226 of the Constitution of India.
2. It is alleged in the petition that, the petitioners were brutally attacked by Nizar Ahammed and others on 16.12.2013 and crime No.562/2013 was registered against Nizar and seven others. There were also twenty other identifiable persons involved in the crime.
Though the crime was registered on 17.12.2013, only two accused were arrested and others were not arrested. No attempt was made on the part of the police to arrest other accused persons, who were also involved in this crime as well as in many other criminal cases and most of them were W.P.C . 2793/2014 2 attending the police station for putting their signature in police station in connection with other crimes, as directed by the court while granting bail. Two of the accused persons in this case, namely, Jawahar Sadath and Abdul Azeez are very influential persons and having close association with political leaders. Jawahar Sadath being the son of a well known leader of Kerala Nathuvathul Mujahideen of Muslim community and Abdul Azeez himself being the Secretary of Indian Union Muslim League, Edavana Panchayath, and the police officers were helping them and they are trying to delete their names as well.
Though the petitioner filed Ext.P5 and P6 complaint regarding these aspects, no effective steps were taken. So the petitioner has no other remedy, except to approach this court, seeking the following relief:
i. issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st respondent to take immediate and effective action against the culprits on the basis of Exts. P5 and P6 and also to take appropriate disciplinary and other actions against the police officers who are hand glove with the accused for not doing their duties properly;W.P.C . 2793/2014 3
ii. issue such other reliefs which may deem fit and proper on the facts and circumstances of the case; and iii. allow this writ petition (civil) with costs.
3. On the basis of the allegations in the petition, two statements were filed by the Sub Inspector of Police and the first statement, it was mentioned as follows:
"1. The case in brief is that on 26.12.2013 at about 14.30 hrs while the petitioner namely Hlarudheen, S/o. Alavi, Peruvinkundu, Pathapiriyam and his friend Valeed, S/o. Usman Madani, Pathapiriyam was walking each other in front of Manu Memorial Hospital at Manjeri, Accused A1 to A6 (A1 Anvar, Sadath, S/o. Abdul Kareem, Ellikkal House, Pathapiraiyam. A2. Jawahar Sadath, S/o. Abdul Khadar Moulavi, Adathiparambil House, Pahapiriyam. A4 Sajad, S/o. Muhammed, Payyeri House, Pathapiriyam. A5, Farsana, D/o. Mouinkutty, Pullyparamban House, Pathapiriyam) reached at the place by a car bearing Reg.No.KL-10/AJ 7394 formed themselves into an unlawful assembly with deadly weapons like iron rod and attacked the complainant and his friend, caused injury and threatened to death.
2. It is submitted that, a complaint has been filed before the Hon'ble CJM Court, Manjeri by the complainant as CMP.295/2014 which was received from the court, sent as per 156(3) CRP.C a case has been registered at Manjeri police station as Cr.No.113/2014 U/s.143, 147, 148, 341, 323, 324, 506(ii) r/w. 149 IPC by ASI 2902 Yousuf. The investigation of the case has been entrusted to SCPO 3512 Balasubramanian and the case is being investigated.
3. On perusal of the CD file, it is clear that already a case has been registered and being investigated at Manjeri police station as Cr.No.1358/2013 u/s. 143, 147, 148, 341, 324, 427, 354, 506(ii) r/w. 149 IPC on 27.12.2013 in which the complainant and his friend are W.P.C . 2793/2014 4 A2 and A1 respectively. In this case A1 and A2 are arrested and was remanded. Now both are taken bail from the Hon'ble Session Court, Majeri.
4. The reason behind the incident is difference in opinion between two fractions of Kerala Naduvathul Mujahideen, a muslim organization, originated from Pathapiriyam mahalu committee, at Edavanna police station limit, in which complainants and accused of both case are members. Similar cases has been registered at Edavanna police station also. The incident behind both cases is same. Crime No.113/2014 is th counter case to crime No.1358/2013, detailed investigation is needed to bring forth the truth, the process is going on. The investigation will be completed as early as possible".
4. Further the statement filed on 05.02.2014, it was mentioned as follows:
"1. It is submitted that Cr.No.562/2013 under Section 143, 147, 148, 323, 324 and 308 r/w. 149 IPC was registered at Edavanna police station on 17.12.2013 on the basis of the complaint by one Ali Akber, S/o.Alavi, Podiyattumadathil house, Pathapiriyam aalleging that he and his friend Halarudheen were tortured by deadly weapons by the accused (1) Nisar, S/o. Muhammed, Kallingal House, Pathapiriyam, (2) Muhammed Ashraf, S/o. Abdul Kareem, Ellikkal House, Pathapiraiyam. (3) Sudheer, S/o. Veeran, Vadakkan House, Pathappiriyam, (4) Abdul Azeez, (5) Jouhar Sadath, (6) Kallingal Anees Babu @ Anees, S/o. Muhammed, Kallingal House, Papthappiriyam and (7) Aboobacker @ Abu, S/o. Kunhu, Valappil House, Pathappiriyam and other 20 identifiable persons.
2. It is submitted that the investigation was conducted from 18.12.2013 and the 2nd accused Muhammed Ashraf, S/o. Abdul Kareem, Illikkal House, Pathappiriyam and 7th accused Aboobacker, S/o. Kunhu, Valappil House, Pathappiriyam were arrested by the police while they were undergoing treatment in PG Hospital Nilambur. On 20.12.2013 and subsequently the W.P.C . 2793/2014 5 Hon'ble JFCM Court, Manjeri has been given an order to take them under judicial custody under Section 21 of criminal Rule of practice. The other accused were found absconding during investigation. Menawhile the accused Kallingal Nizar, Anees Babu and Vadakkan Sudheer were appeared before the Hon'ble Sessions Court for bail the anticipatory. Among the accused, Kallingal Nisar was involved as an accused in Cr.No.500/13 of Edavana police station. As a result bail application of these accused were rejected by Sessions Court, Manjeri. Since the bail application was rejected by Sessions Court, Manjeri. Since the bail application was rejected by the Sessions Court, Manjeri, these accused were again went from the visibility of the police. The involvement of the 4th accused Jouhar and 5th accused Azeer is to be investigated and the said people are working as a teacher and hospital staff respectively. Hence they were not arrested by the police till this time.
3. During the investigation, it is also revealed that one more accused by name Anwar Sadath has been definitely involved in this crime. He has been added in the array of the accused as 8th accused and he has been enlarged on bail from District Sessions Court, Manjeri.
Accused Kallingal Nisar has been arrested by police from 23.01.2014 from his house at Pathappiriyam and he was produced before the Hon'ble JFCM-1 Court, Manjeri on 24.01.2014 and the court sent him in Judicial custody.
4. It is submitted that the accused Kallingal Anees and Vadakkan Sudheer have been moved for bail before the Hon'ble High Court of Kerala and the case is pending before the Hon'ble Court.
5. It is submitted that the investigation of these cases being continued by observing all the legal formalities. The weapon which used by the accused has been traced out and the wound certificate has been obtained from the concerned authority. The involvement of the accused Jouhar and Azeez who were mentioned in the accused array o f the case is to be throughly proved out by observing all the measurements.
6. It is submitted that crime No.500/13 under Sections 143, 147, 148, 448, 353 & 427 r/w. 149 was a case registered in Edavanna police station by W.P.C . 2793/2014 6 demolishing the office of CPIM at Edavana on 18.11.2013 by some of the IUML party workers, Kallingal Nisar (A1) and Aboobacker (A7) are involved in the above Crime also ands the Sessions Court, Manjeri has granted the bail with the condition of the accused persons shall appear and put sign before the Investigating Officer on every Monday. After 16.12.2013 Kallingal Nisar has never attended before the Investigating Officer for signing, and report was submitted before the Hon'ble Court for his absence. He attended in the police station only at the time of his arrest on 23.01.2014 in Crime No.563/13.
7. It is submitted that Crime No.575/13 under Sections 323, 324, 326, r/w 34 IPC of Edavanna police station is a court Endorsement case. The investigation of this case is going on and the involvement of the Jouhar and others in this case is yet to be clarified. As and when the investigation completed the stringent action should be taken against the involved accused.
8. It is submitted that Crime No.1358/13 of Manjeri police station, Halarudheen and Valeedh are the accused persons, they were arrested by Manjeri police and the Hon'ble CJM Court, Manjeri were remanded them under Judicial custody, later they released on bail.
9. It is submitted that Crime No.562/2013 and 575/2013 are being properly investigated, and the final report would be submitted as early possible.
So in the above circumstances, the petitioner solemnly affirm that all the steps taken by him in the above cases are in good faith and as per the relevant act, rules and formalities.
5. When the application came up for hearing today, the learned Public Prosecutor submitted that, final report has already been filed in the above crime. The counsel for the petitioner also submitted that, in view of the W.P.C . 2793/2014 7 fact that, final report has already been submitted, the petition can be disposed of with liberty for the petitioner to agitate against the final report, if it is not to his satisfaction, before the appropriate authority in accordance with law.
Considering the fact that, final report has already been filed, this court feels that, there is nothing survives in this matter at present. If the petitioner is aggrieved by the final report and it is not to their satisfaction, then they are at liberty to move the appropriate authority or filing private complaint before the appropriate court and get their grievance redressed in accordance with law.
With the above liberty, the petition is disposed of.
Sd/-
K. RAMAKRISHNAN, JUDGE // True Copy// P.A. to Judge ss