Kerala High Court
Biju N.P vs The State Police Chief on 16 September, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
WP(C) NO. 19234 OF 2021
PETITIONERS:
1 BIJU N.P
AGED 45 YEARS
S/O.VASU, NELLIKKOTTU POYILIL HOUSE, CHEUPPA P.O.,
MAVOOR, KOZHIKODE DISTRICT,PIN-673 661
2 RAJESHMON.K.,
AGED 46 YEARS
S/O. KAMALAN, SREEKRISHNAM, NETHAJI, MANNANCHERRY P.O.,
ALAPPUZHA DISTRICT,PIN-688 536
3 ANDREWS E.V.
AGED 73 YEARS
S/O. VARUNNI.K.O., GURU NIRMALAM, SANTHIGIRI P.O.,
THIRUVANANTHAPURAM DISTRICT,PIN-695 585
4 SWAMIDAS.P.,
AGED 45 YEARS
S/O. SANKARAN NAIR, POTTAYIL VEEDU, PUNNAYURKULAM P.O.,
THRISSUR DISTRICT,PIN-679 561
5 ANOOP.T.
AGED 48 YEARS
S/O. V.E.THANKACHAN, VETTIKATTU VEEDU, PALLIKATHODU
P.O., KOTTAYAM DISTRICT,PIN-686 503
6 SHINU.N.,
AGED 44 YEARS
S/O. NARAYANAN, NALUPARA VEEDU, CHEMMANATHUKARA P.O.,
VAIKOM, KOTTAYAM DISTRICT,PIN-686 606
7 SHAJI.P.,
AGED 58 YEARS
S/O. PURUSHOTHAMAN, KARUNA MANDIRAM, SANTHIGIRI P.O.,
THIRUVANANTHAPURAM DISTRICT,PIN-695 589
8 RAJESH.M.P.,
AGED 43 YEARS
S/O.K.P.MURALEEDHARAN, CHOTHI, VEYETTU, VENJARAMOODU
P.O., THIRUVANANTHAPURAM DISTRICT,PIN-695 607
9 SUNUMON
WP(C) NO. 19234 OF 2021
2
AGED 43 YEARS
S/O. KANAKAN.A.K., AANADIYIL VEEDU, MUNDANMUDY P.O.,
VANAPURAM, IDUKKI DISTRICT,PIN-685 607
10 CHANDRA BABU C.P.,
AGED 49 YEARS
S/O.PADMANABHAN (CHITTEKKATU), JANAPRIYAVILASAM,
SANTHIRIGIRI P.O., THIRUVANANTHAPURAM DISTRICT,PIN-695
589
11 VINOD.C.P.
AGED 45 YEARS
S/O.PADMANABHAN (CHITTEKKATU), JANAPRIYAVILASAM,
SANTHIRIGIRI P.O., THIRUVANANTHAPURAM DISTRICT,PIN-695
589
12 JITHESH.K.,
AGED 46 YEARS
S/O. P.K.KUNJIKANNAN, SANTHI BHAVAN, PALAYAD P.O.,
THALASSERY, KANNUR DISTRICT,PIN-670 661
13 SASI UDAYABHANU
AGED 60 YEARS
S/O. UDAYABHANU, SANTHINIKETHAN, MUNDAKKAL P.O., KOLLAM
DISTRICT,PIN-691 010
BY ADVS.
JACOB SEBASTIAN
K.V.WINSTON
ANU JACOB
RESPONDENTS:
1 THE STATE POLICE CHIEF
KERALA,POLICE HEADQUARTERS, VAZHUTHACAUD P.O.,
THIRUVANANTHAPURAM DISTRICT, PINCODE-695 014
2 THE STATION HOUSE OFFICER,
POTHENCODE POLICE STATION, KAZHAKUTTAM P.O., ATTINGAL,
THIRUVANANTHAPURAM DISTRICT,PINCODE-695 582
3 JANANI AMRITHA NJANA THAPASWINI,
SPIRITUAL HEAD, SANTHIGIRI ASHRAMAM, SANTHIGIRI P.O.,
THIRUVANANTHAPURAM DISTRICT,PIN-695 589
4 SWAMI GURU RATNA NJAMA THAPASWI,
WP(C) NO. 19234 OF 2021
3
GENERAL SECRETARY, SANTHIGIRI ASHRAMAM, SANTHIGIRI
P.O., THIRUVANANTHAPURAM DISTRICT,PIN-695 589
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19234 OF 2021
4
JUDGMENT
The petitioners have approached this Court alleging that the 2nd respondent is unnecessarily harassing them, under the influence of respondents 3 and 4. They say that the 2 nd respondent has acted completely without jurisdiction in having summoned them to the police station multiple times recently; and, therefore, seek that the 1st respondent be directed to look into their Ext.P1 complaint and take necessary action thereon, without any avoidable delay.
2. In response, the learned Government Pleader - Sri.E.C.Bineesh, submitted that the petitioners were summoned to the police station only because there was a complaint made against them by respondents 3 and 4; but added that they have not been arrayed as accused and that they will not be required to go to the police station any further. He, therefore, prayed that this writ petition be closed.
3. Even when I hear the learned Government Pleader as afore, the fact remains that the petitioners have already preferred WP(C) NO. 19234 OF 2021 5 Ext.P1 complaint before the 1st respondent - State Police Chief. I am, therefore, of the view that the said Authority must look into the same and decide whether any action is necessary thereon, after following due procedure.
In the afore circumstances I dispose of this writ petition, recording the afore submissions of the learned Government Pleader; with a further direction to the 1 st respondent to take up Ext.P1 complaint and consider the same, following due procedure, thus culminating in an appropriate order thereon without any avoidable delay.
Needless to say, if the petitioners are required to be summoned to the police station in future, it shall be done only after issuing them notices under Section 41A of the Code of Criminal Procedure.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS/16/09/2021 WP(C) NO. 19234 OF 2021 6 APPENDIX OF WP(C) 19234/2021 PETITIONERS' EXHIBITS Exhibit P1 A TRUE COPY OF THE COMPLAINT DATED 09.09.2021 SUBMITTED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT ALONG WITH POSTAL RECEIPT DATED 10.09.2021