W.P.(C) 12635 of 2012: Petitioner challenging police rowdy history sheet entries alleging misuse of power. Court dismissed petition noting petitioner's conviction history and lack of interference reason.
Petitioner's writ petition dismissed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 5TH DAY OF OCTOBER 2017/13TH ASWINA, 1939
W.P(C).No.12635 of 2012 (D)
PETITIONER(S):-
ABDUL BARI D.M., S/O. MOHAMMED, AGED 45 YEARS, DHARURAHMATH HOUSE, KUMBALAM POST, KOCHI -682056.
BY ADV. SRI.DENIZEN KOMATH.
RESPONDENT(S):-
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. DIRECTOR GENERAL OF POLICE,
3. INSPECTOR GENERAL OF POLICE,
4. CITY POLICE COMMISSIONER OF POLICE, ERNAKULAM - 682 035.
5. ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, ERNAKULAM -682 021.
6. CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH CIRCLE OFFICE, ERNAKULAM - 682 015.
7. SUB INSPECTOR OF POLICE, PANANGADU POLICE STATION, ERNAKULAM - 682 034.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C) 12635 OF 2012-D
APPENDIX
PETITIONER(S) EXHIBITS:-
EXHIBIT-P7- TRUE PHOTOCOPY OF THE DETAILED COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE IST AND 2ND RESPONDENTS.
EXHIBIT-P8- TRUE PHOTOCOPY OF THE POSTAL RECEIPTS.
RESPONDENTS' EXHIBITS:-
-----------------------NIL.
Vku/[ true copy ]
K. Vinod Chandran, J
W.P.(C).No.12635 of 2012-D
Dated this the 05th day of October, 2017
JUDGMENT
The petitioner, a history sheeter, seeks certiorari against Exhibits P6(a), P6(b), P6(c) and P7. The petitioner alleges that he is a victim of conspired police anarchy, highhandedness and arbitrary misuse of power. The petitioner has claimed that he was a police constable between 1990 and 2002 and after coming out of service, he is engaged in business of his own. On initiating a crusade against the corrupt police officials, the petitioner is said to have been included in a rowdy history sheet by the aforesaid impugned orders, which are sought to be set aside.
was removed from service after a departmental enquiry. The petitioner is said to have been involved in crimes even when he was in service;
based on which the departmental enquiry was proceeded with. After dismissal from service, he has been indulging in various crimes, the
WP(C) No.12635 of 2012 - 2 -
details of which have been set out in the counter affidavit in detail. The allegation raised of highhandedness has been answered verbatim by the 6th respondent referring to each of the allegations raised by the petitioner, in the counter affidavit. The rowdy history sheet is said to be maintained so as to ensure that those included in the said history sheet are closely watched by the successive officers who take charge of the respective police stations wherein repeated crimes have been committed by the very same person.
Sd/- K.Vinod Chandran Judge.
vku/-
[ true copy ]
2 issues framed by the court
Whether the High Court should interfere with the police-maintained rowdy history sheet against the petitioner.
Whether the petitioner alleges highhandedness and arbitrary misuse of power in the impugned orders deserves redressal.
Abdul Bari D.M.
State of Kerala
Director General of Police
Inspector General of Police
City Police Commissioner of Police, Ernakulam
Assistant Commissioner of Police, Thrikkakara
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
