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Kerala High Court

Shabna Mullandakath vs The Director General Of Police (Dgp) on 14 August, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

W.P.(Crl.).No.1071 of 2025
                                    1



                                                        2025:KER:61771

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

      THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947

                        WP(CRL.) NO. 1071 OF 2025


PETITIONER(S):

            SHABNA MULLANDAKATH
            AGED 43 YEARS, D/O. MUHAMMED SHAREEF, RESIDING AT
            MADATHI, MAYYANTHANI, NILAMBUR,
            MALLAPURAM DISTRICT, PIN - 679329

            BY ADVS.
            SRI.BIJU VARGHESE ABRAHAM
            SRI.SHAJIN S.HAMEED
            SRI.K.M.ANEESH
            SRI.SHASHANK DEVAN

RESPONDENT(S):

     1      THE DIRECTOR GENERAL OF POLICE (DGP)
            POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
            PIN - 695014

     2      THE SUPERINTENDENT OF POLICE,
            MALAPPURAM DISTRICT POLICE OFFICE, MALAPPURAM,
            PIN - 676505

     3      THE STATION HOUSE OFFICER,
            NILAMBUR POLICE STATION, MALAPPURAM DISTRICT,
            PIN - 679330

     4      CYBER CRIME POLICE STATION,
            KOCHI CITY/CYBERDOME, ERNAKULAM, PIN - 682016

     5      MS. AMRITA KAUSHIK
            GRIEVANCE OFFICER (INDIA) META PLATFORMS, INC. UNIT 28
            AND 29, THE EXECUTIVE CENTRE, LEVEL 18, DLF CYBER CITY,
            BUILDING NO. 5, TOWER A, PHASE III, GURGAON ,
 W.P.(Crl.).No.1071 of 2025
                                    2



                                                      2025:KER:61771

            HARYANA, PIN - 122002

     6      MAJIZIYA BHANU ALIAS DR. MAJIZIYA BHANU,
            D/O ABDUL MAJEED, KALLERI MOYILOTH HOUSE, ORKKATTERI
            P.O., VATAKARA VIA KOZHIKODE, PIN - 673501

     7      SARDARKVM MANI,
            WILD ONE UNISEX FITNESS STUDIO, BALARAM ARCADE, NEAR
            CIVIL STATION, MAHE, PIN - 673310


BY ADV.:

            SR PP, SRI HRITHWIK C S


      THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
14.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl.).No.1071 of 2025
                                         3



                                                                    2025:KER:61771

                       P.V.KUNHIKRISHNAN, J
                     ---------------------------------------
                      W.P.(Crl.) No.1071 of 2025
                    ----------------------------------------
                Dated this the 14th day of August, 2025


                                  JUDGMENT

The above Writ Petition (Crl.) is filed seeking the following reliefs:

"1. Issue a writ of mandamus or any other appropriate writ or direction or order commanding Respondents 3 to forthwith register an FIR against Respondent Nos. 6 and 7 for the commission of cognizable offences detailed above.
2. Direct the 4th respondent Cyber Crime Police Station/ Cyberdome to initiate immediate investigation, collect digital forensic evidence, and submit a status report within a fixed time.
3. Direct 5th Respondent to coordinate with Meta (Facebook, Instagram), and WhatsApp to ensure immediate takedown of all defamatory content and preserve electronic evidence for prosecution.
4. Dispense with the filing of translated copies with respect to documents/exhibits in vernacular language;
5. Pass such other orders or directions as this Hon'ble Court may deem fit and proper in the interest of justice." [SIC]

2. The main grievance of the petitioner is that, no action W.P.(Crl.).No.1071 of 2025 4 2025:KER:61771 is taken in a complaint filed by the petitioner before the 3 rd respondent. It is submitted that Ext.P4 is before the 3 rd respondent and Ext.P9 is before the 2nd respondent.

3. This Court directed the Public Prosecutor to get instruction. The Public Prosecutor, after getting instruction submitted that a complaint is pending before the 3 rd respondent.

If that be the case, appropriate direction can be issued to the 3 rd respondent.

Therefore, this Writ Petition(Crl.) is disposed of with the following direction.

1. The 3rd respondent is directed to look into the complaint filed by the petitioner and do the needful in accordance with law and communicate the decision taken in it to the petitioner, within one month from the date of receipt of a certified copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE nvj W.P.(Crl.).No.1071 of 2025 5 2025:KER:61771 APPENDIX OF WP(CRL.) 1071/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE POST CAPTURED FROM FACEBOOK IN MALAYALAM AND ENGLISH EXHIBIT P2 THE TRUE COPIES OF THE WHATS APP SCREEN SHOT EXHIBIT P3 THE TRUE COPY OF THE POST TAKEN FROM THE FACEBOOK PAGE EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT DATED 01-08-2025 SUBMITTED BY THE BROTHER OF THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT DATED 02-08-2025 ISSUED BY THE 3RD RESPONDENT EXHIBIT P6 THE TRUE COPIES OF THE COMPLAINTS SUBMITTED BY THE FEMALE EMPLOYEES BY EMAIL TO THEIR RESPECTIVE HOMETOWN POLICE STATIONS EXHIBIT P7 THE TRUE COPY OF THE FACEBOOK POST POSTED BY THE 7TH RESPONDENT EXHIBIT P8 THE TRUE COPY OF THE COMPLAINT DATED 05-08-2025 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 07.08.2025 SUBMITTED TO THE 2ND RESPONDENT EXHIBIT P10 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 07.08.2025 EXHIBIT P11 A TRUE COPY OF THE SAID EMAIL COMMUNICATION DATED 06-08-2025 SENT TO THE 5TH RESPONDENT //TRUE COPY// PA TO JUDGE