Kerala High Court
Asif Azad vs State Of Kerala on 7 August, 2023
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
WA NO. 41 OF 2023
AGAINST THE JUDGMENT WP(C) 22643/2022 OF HIGH COURT OF
KERALA
APPELLANT/S:
ASIF AZAD
AGED 30 YEARS
DARUSSALAM, PARAYATHUKONAM P.O, KIZHUVILAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695104
BY ASIF AZAD(Party-In-Person)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF
KERALA, PIN - 682031
2 NATIONAL HUMAN RIGHTS COMMISSIONS(NHRC)
REPRESENTED BY JOINT SECRETARY, MANAV ADHIKAR
BHAVAN, BLOCK-C, GPO COMPLEX, INA NEW DELHI, PIN
- 110023
3 VP JOY
CHIEF SECRETARY, CHIEF SECRETARY OFFICER,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 TK JOSE
HOME SECRETARY, ROOM NO. 357, MAIN BLOCK,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
5 PK ARAVINTHA BABU
LAW SECRETARY, ROOM NO. 375, MAIN BLOCK,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
6 KR JYOTHILAL
ROOM NO. 394, MAIN BLOCK, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
W. A. No. 41 of 2023
-2-
7 ANIL KANT
DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS,
VELLAYAMBALAM, CITY-THIRUVANANTHAPURAM, PIN -
695010
8 MANOJ ABRAHAM
ADDITIONAL DIRECTOR GENERAL OF POLICE, POLICE
HEADQUARTERS, VELLAYAMBALAM, CITY-
THIRUVANANTHAPURAM, PIN - 695010
9 VIJAY S SAKHARE
ADDITIONAL DIRECTOR GENERAL OF POLICE (LAW AND
ORDER), POLICE TRAINING COLLEGE, NEAR GOVERNMENT
GUEST HOUSE, THYCAUD, THIRUVANANTHAPURAM, PIN -
695014
10 SHAIK DARVESH SAHEB
ADDITIONAL DIRECTOR GENERAL OF POLICE (CRIME
BRANCH), CRIME BRANCH OFFICE, EANCHAKKAL,
THIRUVANANTHAPURAM, PIN - 695008
11 KRISHNAKUMAR B
SUPERINTENDENT OF POLICE, SPECIAL CELL, STATE
POLICE HEADQUARTERS, VELLAYAMBALAM, CITY-
THIRUVANANTHAPURAM, PIN - 695010
12 G SPARJAN KUMAR
COMMISSIONER OF POLICE, OFFICER OF THE
COMMISSIONER OF POLICE, POLICE GROUND, CV RAMAN
PILLAI RD, THYCAUD, THIRUVANANTHAPURAM, PIN -
695014
13 R. NISHANTHINI
DEPUTY INSPECTOR GENERAL OF POLICE, IG OFFICE,
TRIVANDRUM RANGE, BAKERY JUNCTION ROAD,
NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN -
695034
14 DIVYA V GOPINATH
SUPERINTENDENT OF POLICE, OFFICE OF THE DISTRICT
POLICE CHIEF, TRIVANDRUM RURAL POLICE, UNIVERSITY
OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
15 A NASIM
DEPUTY COMMISSIONER OF POLICE, OFFICE OF THE
COMMISSIONER OF POLICE, POLICE GROUND, CV RAMAN
PILLAI ROAD, THYCAUD, THIRUVANANTHAPURAM, PIN -
695014
16 HARI CS
ASSISTANT COMMISSIONER OF POLICE, KAZHAKOOTTAM
POLICE STATION, POST OFFICE ROAD, KAZHAKOOTTAM,
THIRUVANANTHAPURAM, PIN - 695582
17 SUNEESH BABU
DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL POLICE
STATION, ATTINGAL, THIRUVANANTHAPURAM, PIN -
W. A. No. 41 of 2023
-3-
695101
18 DISTRICT COLLECTOR
DISTRICT COLLECTORATE, CIVIL STATION,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043
19 UNION OF INDIA
REPRESENTED BY UNDER SECRETARY, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, NEW DELHI, INDIA, PIN -
110001
BY SRI. V. TEKCHAND, SR. GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W. A. No. 41 of 2023
-4-
JUDGMENT
Dated this the 7th day of August, 2023 A. J. Desai, C. J.
By way of the present appeal filed under Section 5 of the Kerala High Court Act, 1958, the original petitioner / party-in-
person, has challenged the judgment dated 22.09.2022 in W. P. (C) No. 22643 of 2022.
2. By raising certain grounds, the following prayers were made in the writ petition:-
"1. To issue any order in favour of the petitioner for the facts, reasons and circumstances stated in the accompanying petitions which is duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the concerned authority to take cognizance under Section 166 IPC against respondent Nos. 3 to 17 for violating Article 21 of the Constitution of India;
2. To issue any order or directing the concerned authority to take FIR on Exhibit P1, P3, P5."
3. Learned Single Judge, by the impugned judgment dated W. A. No. 41 of 2023 -5- 22.09.2022, rendered the following judgment:-
"The petitioner has prayed for giving direction to the Judicial First Class Magistrate-V, Thiruvananthapuram to take cognizance of offence under Section 166 IPC against the respondents.
2. Heard the petitioner who appeared in person.
3. The petitioner submitted that he has filed a complaint as CMP No.1467/2022 under Sections 190 and 200 Cr.PC before the Judicial First Class Magistrate Court- V, Thiruvananthapuram. The petitioner prayed for expediting inquiry in the matter.
4. A report was obtained from the Court below as to the status of the proceedings. The learned Magistrate reported that the statement of the complainant was taken on 26.08.2022 and the matter stands posted to 24.09.2022 for further inquiry.
5. The petitioner submitted that he has already produced the entire materials before the Court and he is not intending to examine any witnesses. The petitioner prayed for completing the enquiry under Section 202 Cr.PC within a period of one month from this day.
6. The Writ petition is, therefore, closed with a direction to the Judicial First Class Magistrate-V, Thiruvananthapuram to complete the inquiry under 202 Cr.PC in CMP No.1467/2022 within a period of one month W. A. No. 41 of 2023 -6- from this day."
4. It appears from the records that in compliance with the judgment of the learned Single Judge, learned Judicial First Class Magistrate - V, Thiruvananthapuram, by order dated 20.10.2022, dismissed CMP No. 1467 of 2022 filed by the present appellant. It is also brought to the notice of this Court that the order of dismissal of the complaint has already been challenged by the present appellant by way of Criminal Revision Petition.
In view of the prayers, the direction in the impugned judgment and the subsequent events, we are of the opinion that nothing survives in this appeal.
Writ appeal is accordingly dismissed.
Sd/-
A. J. DESAI CHIEF JUSTICE Sd/-
V. G. ARUN JUDGE Eb W. A. No. 41 of 2023 -7- APPENDIX OF WA 41/2023 PETITIONER ANNEXURES ANNEXURE A 1 PHOTOCOPY OF CRL.REV.PET 761/2022 DATED 29.10.2022 ANNEXURE A 2 PHOTOCOPY OF CRL.M.APPL 1/2022 IN CRL.REV.PET 761/2022 DATED 09.11.2022 ANNEXURE A 3 PHOTOCOPY OF WP(C) 37719/2022 DATED 10.11.2022 ANNEXURE A 4 PHOTOCOPY OF IA 1/2022 IN WP(C) 37719/2022 DATED 01.12.2022 ANNEXURE A 5 PHOTOCOPY OF THE EXTRACT OF THE NEWS PUBLISHED BY MATHRUBHUMI THROUGH THEIR WEBSITE DATED 12.10.2022 ANNEXURE A 6 PHOTOCOPY OF THE EXTRACT OF THE NEWS PUBLISHED BY TIMES OF INDIA THROUGH THEIR WEBSITE DATED 16.12.2022 ANNEXURE A 7 PHOTOCOPY OF THE EXTRACT OF THE NEWS PUBLISHED BY THE ECONOMIC TIMES THROUGH THEIR WEBSITE DATED 16.11.2020 ANNEXURE A 8 PHOTOCOPY OF THE EXTRACT OF THE NEWS PUBLISHED BY THE ECONOMIC TIMES THROUGH THEIR WEBSITE DATED 20.11.2019 ANNEXURE A 9 .PHOTOCOPY OF THE EXTRACT OF THE NEWS PUBLISHED BY THE PRINT ESSENTIAL THROUGH THEIR WEBSITE DATED 09.09.2020 ANNEXURE A 10 PHOTOCOPY OF THE EXTRACT OF THE NEWS PUBLISHED BY NEWS BYTES THROUGH THEIR WEBSITE DATED 22.02.2022 ANNEXURE A 11 PHOTOCOPY OF SCREENSHOT OF THE COMPLAINT BETWEEN PETITIONER AND RESPONDENT NO. 7 THROUGH WHATSAPP DATED 24.12.2022 AT 06:28 PM ANNEXURE A 12 PHOTOCOPY OF SCREENSHOT OF THE CHAT BETWEEN PETITIONER AND RESPONDENT NO. 7 THROUGH WHATSAPP DATED 25.12.2022 AT 10:04 AM ANNEXURE A 13 PHOTOCOPY OF THE ORDER IN CMP 1467/2022 OF HONOURABLE JUDICIAL FIRST-CLASS MAGISTRATE COURT 5, THIRUVANANTHAPURAM DATED 20.10.2022 EXHIBIT P 1 PHOTOCOPY OF WP(C) 22643/2022 DATED 05.06.2022 EXHIBIT P 2 PHOTOCOPY OF IA 1/2022 IN WP(C) 22643/2022 DATED 18.06.2022 EXHIBIT P 3 PHOTOCOPY OF IA 2/2022 IN WP(C) W. A. No. 41 of 2023 -8- 22643/2022 DATED 18.06.2022 EXHIBIT P 4 PHOTOCOPY OF IA 3/2022 IN WP(C) 22643/2022 DATED 18.06.2022 EXHIBIT P 5 PHOTOCOPY OF IA 4/2022 IN WP(C) 22643/2022 DATED 18.06.2022 EXHIBIT P 6 PHOTOCOPY OF IA 5/2022 IN WP(C) 22643/2022 DATED 18.06.2022 EXHIBIT P 7 PHOTOCOPY OF IA 6/2022 IN WP(C) 22643/2022 DATED 18.06.2022 EXHIBIT P 8 PHOTOCOPY OF IA 7/2022 IN WP(C) 22643/2022 DATED 18.06.2022 EXHIBIT P 9 PHOTOCOPY OF IA 8/2022 IN WP(C) 22643/2022 DATED 05.07.2022 EXHIBIT P 10 IA 9/2022 IN WP(C) 22643/2022 DATED 18.07.2022 EXHIBIT P 11 PHOTOCOPY OF IA 10/2022 IN WP(C) 22643/2022 DATED 16.07.2022 EXHIBIT P 12 PHOTOCOPY OF IA 11/2022 IN WP(C) 22643/2022 DATED 15.07.2022 EXHIBIT P 13 PHOTOCOPY OF IA 12/2022 IN WP(C) 22643/2022 DATED 23.07.2022 EXHIBIT P 14 PHOTOCOPY OF UNNUMBERED IA 1/2022 IN WP(C) 22643/2022 DATED 15.07.2022 EXHIBIT P 15 PHOTOCOPY OF IA 13/2022 IN WP(C) 22643/2022 DATED 18.06.2022 EXHIBIT P 16 PHOTOCOPY OF IA 14/2022 IN WP(C) 22643/2022 DATED 29.08.2022 EXHIBIT P 17 PHOTOCOPY OF IA 15/2022 IN WP(C) 22643/2022 DATED 21.10.2022 EXHIBIT P 18 PHOTOCOPY OF IA 16/2022 IN WP(C) 22643/2022 DATED 20.10.2022 EXHIBIT P 19 PHOTOCOPY OF UNNUMBERED IA 2/2022 IN WP(C) 22643/2022 DATED 12.12.2022