Kerala High Court
Mini R.C vs State Of Kerala on 22 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(CRL.) NO. 1006 OF 2024 1
2025:KER:35681
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF MAY 2025 / 1ST JYAISHTA, 1947
WP(CRL.) NO. 1006 OF 2024
PETITIONER/S:
1 MINI R.C.
AGED 49 YEARS
D/O CHARULATHA, APRA 49, NIRALA, AMITA SANKAR ROAD,
KANNAMOOLA, MEDICAL COLLEGE P.O, THIRUVANATHAPURAM,
PIN - 695011
2 ROHIT JOHN
AGED 48 YEARS
S/O LATE V.G.RAJENDRAN NAIR, APRA 49, NIRALA, AMITA
SANKAR ROAD, KANNAMOOLA, MEDICAL COLLEGE P.O,
THIRUVANATHAPURAM, PIN - 695011
BY ADVS.
T.B.SHAJIMON
GOVINDU P.RENUKADEVI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 THE ASSISTANT COMMISSIONER OF POLICE,
SHANGUMUGAM POLICE STATION, THIRUVANTHAPURAM, PIN -
695001
WP(CRL.) NO. 1006 OF 2024 2
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3 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANATHAPURAM, PIN - 695014
4 V.V DIPIN
STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION,
VANCHIYOOR, THIRUVANATHPAURAM, PIN - 695035
5 DORAIRAJ RAJESH KANNAN
S/O DORAIRAJ, AGED 46 YEARS, RESIDING AT EAST NO.2,
SREE RAGHAVENDRA KUDIL, SINGAR, PERUMALKULAM,
THANJAVOOR, TIRU NAGAR, COIMBATORE, TAMIL NADU, PIN
- 613001
6 D.RAJASEKHAR
NO.50,D4 BLOCK, KENDRIYA VIHAR II, PARUTHIPATTU,
CHENNAI, PIN - 600071
BY ADV ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
SEETHA S., SR. PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 22.05.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 1006 OF 2024 3
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P.V.KUNHIKRISHNAN, J
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W.P. (Crl.) No. 1006 of 2024
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Dated this the 22nd day of May, 2025
JUDGMENT
The above writ petition (crl) is filed with following prayers :
a. "To issue a Writ of Certiorari quashing Exhibit P3 & P4 as the same is passed without applying the mind to the facts of the case.
b. To issue a Writ of Mandamus directing the respondents 1&2 to accord sanction for prosecuting the then SHO. V.V Dipin, the 4th respondent herein. c. To mould and grant such other reliefs this Hon'ble Court may deem necessary to meet the end of Justice." [sic]
2. The petitioners herein are the siblings. It is stated that the 1st petitioner is a lawyer practising at Vanchiyoor District Court, Thiruvananthapuram. According to the petitioners, the Station House Officer, Vanchiyoor and WP(CRL.) NO. 1006 OF 2024 4 2025:KER:35681 nd police party took the 2 petitioner in custody illegally and thereafter, by threat and coercion, extorted an amount of Rs.6,00,000/- from the 1st petitioner. It is further stated that, on the basis of a complaint through email by the 6 th respondent, alleging that one Rohith Nair cheated him and obtained Rs.6,00,000/- from the 5th respondent, ie, the brother of the 6th respondent. Upon this incident, the 1st petitioner filed a complaint before the Judicial First Class Magistrate Court-IX, Vanchiyoor against the 4th respondent, who was the then Station House Officer, Vanchiyoor Police Station and others alleging offences punishable under Secs. 387, 342, 420 r/w 34 IPC. Upon this, the learned Magistrate initiated enquiry under Sec. 202 Cr.P.C. and certain witnesses were also examined. While so, the 1st petitioner submitted a petition to the Government and the State Police Chief requested to accord sanction for prosecuting the 4 th respondent. But, the same was rejected, without applying the mind to the facts and situation of the case, is the submission. Hence, this writ petition (crl) is filed. WP(CRL.) NO. 1006 OF 2024 5
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3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. According to the petitioners, the 4th respondent committed the offence and it is not when he is discharging his official duty. If that is the case, the 2 nd petitioner can agitate the same before the learned Magistrate that no sanction is necessary in the facts and circumstances of the case. Simply because the sanction petition is dismissed by the Government, there is no bar in pursuing the matter before the learned Magistrate stating that no sanction is necessary, if the 4 th respondent was not discharging his official duty. Therefore, I am of the considered opinion that this Court need not interfere with Ext.P4 order of the Government. But, I make it clear that the learned Magistrate will consider the matter, untrammeled by Ext.P4 order of the Government. The 2nd petitioner is free to agitate the case, in accordance with law, by adducing appropriate evidence.
With the above observation, this writ petition (crl) is WP(CRL.) NO. 1006 OF 2024 6 2025:KER:35681 disposed of.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(CRL.) NO. 1006 OF 2024 7 2025:KER:35681 APPENDIX OF WP(CRL.) 1006/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF FIR IN CRIME NO. 1391 OF 2021 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM DATED 5.8.2021 Exhibit P2 TRUE COPY OF COMPLAINT DATED NOVEMBER 2023 FILED BY THE 2ND PETITIONER BEFORE THE JUDICIAL FIRST CL;ASS MAGISTRATE'S COURT XI, THIRUVANANTHAPURAM Exhibit P3 TRUE COPY OF LETTER DATED 27.11.2023 ISSUED BY THE ASSISTANT COMMISSIONER OF POLICE, SHANGUMUGHAM SUB DIVISION, THIRUVANANTHAPURAM Exhibit P4 TRUE COPY OF REPLY DATED 21.07.2024 SENT BY HOME DEPARTMENT, THIRUVANANTHAPURAM Exhibit P5 TRUE COPY OF PETITION DATED 10.5.2024 SUBMITTED BY 1ST PETITIONER BEFORE THE ASSISTANT COMMISSIONER OF POLICE, SHANGUMUGHAM POLICE STATION