Dismissed

Shafeek v. State of Kerala

Kerala HC13 Jul 2023WP(C)/2984/2020

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging the investigation of two crimes arising from a domestic assault incident. The petitioner alleged police bias and sought transfer of investigation to another agency and compensation. The Court found investigation by a superior officer was adequate and no exception for further investigation or compensation existed.

What did the court decide?

Compensation claim rejected; investigation held adequate by superior officer; no exceptional circumstances for Article 226 relief.

Shafeek Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶4

THURSDAY, THE 13^TH DAY OF JULY 2023 / 22ND ASHADHA, 1945

¶5

WP(C) NO. 2984 OF 2020

¶6

PETITIONER:

¶7

SHAFEEK

¶8

AGED 40 YEARS, S/O.ABDUL SALAM, THEKKEPARAMBIL HOUSE, 15/172, KOLLENPADI, PONNANI P.O., MALAPPURAM DISTRICT, KERALA STATE, PIN-679577.

¶9

BY SRI. SHAFEEK(Party-In-Person)

¶10

RESPONDENT/STATE:

¶11

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

¶12

2 DEPUTY SUPERINTENDENT OF POLICE,

¶13

TIRUR SUB DIVISION, MALAPPURAM DIST., PIN-676105.

¶14

3 DISTRICT POLICE CHIEF, MALAPPURAM DIST., PIN-676505.

¶15

4 STATE POLICE CHIEF, THIRUVANANTHAPURAM, PIN-695010.

¶16

5 HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶17

W.P.(C) No.2984 /20 -: 2 :-

¶18

BY ADVS. SRI.K.A.NOUSHAD, GOVERNMENT PLEADER

¶19

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARDON 04.07.2023, THE COURT ON 13.07.2023 DELIVERED THE FOLLOWING:

¶20

-: 3 :-

¶21

W.P.(C) No.2984 /20

¶22

BECHU KURIAN THOMAS, J.

¶23

W.P.(C) No.2984 of 2020

¶24

Dated this the 13^th day of July, 2023

¶25

JUDGMENT

¶26

This writ petition is filed seeking the following main reliefs:

¶27

“(1) Handover the investigation of Crime No.162/2019 of Ponnani Police Station to any other agency for conducting fair, proper and diligent investigation of the crime which one occurred on 13.07.2018 at 4.45 pm while this petitioner attempted to serve Dasti notice of the Hon.Supreme Court of India as a serving officer of the court.

¶28

(2) Handover the investigation of Crime No.582/2019 of Tirur Police Station also to the same agency.

¶29

(3) Pass an order for the amount of Rs.40 Lakhs as the compensation amount of struggles, injuries, loss, damages and other expenses and direct to collect the same amount from the responsible officials.”

¶30

A matrimonial dispute between the petitioner and his wife

¶31

resulted in various proceedings. Petitioner alleges that the prosecutions initiated against him under the Protection of Women

¶32

from Domestic Violence Act, 2005, and under sections 498A, 406,

¶33

and 323 read with section 34 of the Indian Penal Code, 1860 (for

¶34

short 'IPC') registered at the instance of his wife were both quashed

¶35

by the Supreme Court.

¶36

W.P.(C) No.2984 /20

¶37

-: 4 :-

¶38

According to the petitioner, when SLP No.1885 of 2018 filed by him, challenging the prosecution initiated for the IPC offences and against the order passed by this Court in Crl.M.C No.2118 of 2017 as S.L.P. came up for consideration before the Supreme Court, 'Dasti notice' was permitted by order dated 02.07.2018, to be served on the 3^rd respondent in the SLP. When the petitioner, in terms of the Supreme Court order permitting 'Dasti notice', attempted to serve notice on his wife on 13-07-2018, after informing the police and requesting their assistance, he was subjected to a 'massive group attack' by the relatives of his wife, who were present in the house at that time, with intent to kill him. It is alleged that he was assaulted when he was acting as the “serving officer” of the Supreme Court.

¶39

Petitioner alleged that though the police failed to provide any assistance to him in his attempt to serve notice, he managed to escape from the clutches of the assailants with the help of his mother, who came to the spot at his request. By that time, the police is alleged to have reached the spot and helped the petitioner to escape from further assault. After being admitted to the hospital with multiple injuries due to the assault, petitioner alleges that the police

¶40

W.P.(C) No.2984 /20 -: 5 :-

¶41

did not take his statement and instead took the statement of his mother. Petitioner further alleges that instead of proceeding against his wife and his family members, a crime was registered against him as F.I.R No.297 of 2018 of the Ponnani Police Station, signifying the influence exerted by his wife.

¶42

Alleging that the police failed to provide any assistance in serving the notice, as permitted by the Supreme Court, and that he was assaulted while acting as an officer of the Supreme Court, a crime was finally registered as F.I.R No.162 of 2019 of Ponnani Police Station. The crime was registered after several attempts by the petitioner and even directions by this Court after the Magistrate closed his complaint.

¶43

Shorn of further unnecessary narratives from the writ petition, which is filled with repetitions and drafted confusingly, petitioner alleges that the two crimes registered as Crime No.162 of 2019 of Ponnani Police Station and Crime No.582 of 2019 of Tirur Police Station ought to be investigated by another agency since police have been acting hand in glove with the assailants. He has also claimed Rs.40,00,000/- as compensation for the struggles, injuries and losses sustained by him.

¶44

W.P.(C) No.2984 /20

¶45

-: 6 :-

¶46

Statements have been filed by the Dy.S.P on 10-03-2020 and on 08-02-2021 pointing out that Crime No.582 of 2019 of Tirur Police Station was handed over for investigation to the DY.S.P, Tirur. It was stated therein that investigation revealed that the allegations of the petitioner were baseless and none had witnessed the incidents alleged. It was also averred that the police had informed the petitioner not to visit his estranged wife’s house immediately, without police assistance as the Officer was on duty due to the visit of the Governor. However, ignoring the direction, he went to his wife's house by himself and attempted to forcefully serve the notice. The statement also averred that petitioner was making false allegations against the Officers and had even managed to remain in the hospital for 21 days to create a grave crime. The Medical Officer’s statement revealed that petitioner had no major injury, but had only few contusions and small abrasions without any internal injury. Though notice under section 91 Cr.P.C was issued to produce material objects worn by the petitioner at the relevant time and to produce the witnesses, he did not accept the notice, and finally registered notice had to be sent. Thereafter he appeared but none of the materials or witnesses were produced. 23 witnesses were questioned by the

¶47

W.P.(C) No.2984 /20 -: 7 :-

¶48

Investigating Officer which revealed that a quarrel ensued on 13-072018 when the petitioner forcefully tried to serve notice on his wife and seeing the quarrel, the wife's brother and father intervened to save their daughter. On hearing the noise, the neighbours also intervened and they separated the quarreling persons.

¶49

The learned Government Pleader, during the course of the hearing, submitted that Crime No.162 of 2019 of Ponnani Police Station registered at the behest of the petitioner was investigated by the Deputy Superintendent of Police (a superior officer), Tirur and a final report was filed on 28-12-2022, arraying three persons as accused for the offences under sections 341, 323, 324, 353 and 427 read with section 34 of the IPC. It was also submitted that Crime No.582 of 2019, was registered initially for the offence under section 506(i) which subsequently added offences under sections 307, 363, and 120(b) of IPC also, was investigated by the same Officer and a final report was filed referring the case as ‘undetected’. The Prosecutor submitted, referring to the conclusions in the final report in Crime No.582 of 2019 of Tirur Police Station, that, the allegations in Crime No.582/2019 were found to be factually incorrect and that the complainant was, for some reason assuming to himself that each

¶50

W.P.(C) No.2984 /20 -: 8 :-

¶51

and every incident are steps against him and that the complaint has been filed under such a misunderstanding. The two final reports were also produced by a memo dated 03-01-2023.

¶52

I have heard the petitioner Sri.Shafeek, who appeared as party-in-person and Sri.K.A.Noushad, learned Government Pleader.

¶53

Though the petitioner projected his grievances regarding the failure of the police to provide him assistance to serve notice, as ordered by the Supreme Court, and even projected himself as the Serving Officer of the Supreme Court who was entrusted with the duty of serving notice personally on his wife and her family members, I am of the view that, these are all matters which are beyond the scope of the writ petition and need not be considered in this writ petition.

¶54

The grievance of the petitioner regarding the two crimes, i.e., Crime No.162 of 2019 of Ponnani Police Station and Crime No.582 of 2019 of Tirur Police Station are two fold; (i) that it must be investigated by a Superior Officer and (ii) that it must be investigated by an independent agency.

¶55

As far as the contention regarding the investigation by a Superior Officer is concerned, as is evident from the statement filed

¶56

W.P.(C) No.2984 /20 -: 9 :-

¶57

by the Prosecutor and the two final reports filed in the aforesaid crimes, the investigation was carried out by a Superior Officer itself – the Deputy Superintendent of Police. Therefore the grievance of the petitioner to that extent, stands redressed.

¶58

Regarding the second contention about an independent agency conducting the investigation, this Court finds that both Crime No.162 of 2019 of Ponnani Police Station and Crime No.582 of 2019

¶59

of Tirur Police Station have already been investigated, and final reports have also been filed.

¶60

Though in Crime No.582 of 2019 of Tirur Police Station, the final report is filed as 'undetected', specific reasons have been stated by the Investigating Officer for arriving at the conclusions therein. Considering the nature of the allegations and the reasons for the conclusions mentioned in the final report, I am of the view that the petitioner, if aggrieved, has remedies before the court of first instance.

¶61

As regards Crime No.162 of 2019 of Ponnani Police Station is concerned, since the final report already implicates various accused, who are alleged to have committed the offences mentioned therein, the remedy of the petitioner, if any, is to approach the

¶62

W.P.(C) No.2984 /20 -: 10 :-

¶63

jurisdictional Magistrate at the appropriate stage with a proper application. Recourse to this Court is not a proper remedy in the absence of any exceptional circumstances.

¶64

In this context, it is necessary to refer to the wound certificate relating to the accident that occurred on 13-07-2018. As per the wound certificate, the injuries sustained by the petitioner are not grievous. Therefore no exceptional circumstances exist even in that respects, for invoking the extraordinary jurisdiction under Article 226 of the Constitution of India to order further investigation by another agency.

¶65

Petitioner lastly contended that he is entitled to compensation due to the injuries sustained at the hands of his wife as a result of the default of the police to render proper assistance. According to me, the allegations regarding the failure of the police to render proper assistance are not supported by any material for the purpose of this Court to arrive at a conclusion regarding the compensation liable to be paid to the petitioner. The materials on record do not justify invoking the extraordinary jurisdiction under Article 226 of the Constitution of India to compensate the writ petitioner. If the petitioner is aggrieved or is desirous of seeking

¶66

W.P.(C) No.2984 /20

¶67

-: 11 :-

¶68

compensation, the normal remedy available under law ought to have been invoked. Granting of compensation in exercise of jurisdiction under Article 226 is exceptional in nature and ought to be granted only in rare instances. No such exceptional circumstances exist in the instant case.

¶69

In view of the above discussions, I find no merit in this writ petition, and it is dismissed.

¶70

Sd/-

¶71

BECHU KURIAN THOMAS JUDGE

vps

-: 12 :-

W.P.(C) No.2984 /20

APPENDIX

PETITIONER'S/S' EXHIBITS

¶77

Exhibit P1 TRUE COPY OF THE ORDER OF HON' SUPREME COURT OF INDIA IN CRL.APL.470/2017 ARISING OUT OF SLP. CRL. 3923/2016 IN THE MATTER OF SHAFEEK.T.A. V/S STATE OF KERALA, ORDER DATED 6.3.2017 WHICH ONE QUASHED THE PROCEEDINGS UNDER THE DV ACT 2005.

¶78

EXHIBIT P2 TRUE COPY OF THE ORDER OF HON' SUPREME COURT OF INDIA IN CRL.APL.1364/2018ARISING OUT OF SLP. CRL.1885/2018 IN THE MATTER OF SHAFEEK V/S.STATE OF KERALA ORDER DATED 12.11.2018 WHICH ONE QUASHED 498A CASE.

¶79

EXHIBIT P3 TRUE COPY OF THE ORDER OF HON' SUPREME COURT IN THE MATTER OF SLP CRL.1885/2018 ORDER DATED 2.7.2018 WHICH PERMITTED 'DASTI SERVICES'.

¶80

EXHIBIT P4 TRUE COPY OF THE DASTI NOTICE OF THE HON' SUPREME COURT IN THE MATTER OF SLP CRL.1885/2018.

¶81

EXHIBIT P5 TRUE COPY OF THE LETTER OF ASST. REGISTRAR OF HON' SUPREME COURT GIVEN TO SHAFEEK S/O.ABDUL SALAM, FOR EFFECTING SERVICE OF DASTI NOTICE ON RESPONDENT NO.3 NAFEELA, D/O.SIDDIQ, IN SLP.CRL.1885/2018.

¶82

EXHIBIT P6 TRUE COPY OF WOUND CERTIFICATE OF SHAFEEK, DATED 14.7.2018, EDAPPAL HOSPITAL PVT. LTD.

¶83

EXHIBIT P7 TRUE COPY OF PETITION CMP 3082/2018 FILED BEFORE HON'BLE JFCM, COURT,

¶84

-: 13 :-

¶85

W.P.(C) No.2984 /20

¶86

PONNANI, ON DATED 17.7.2018.

¶87

EXHIBIT P8 TRUE COPY OF DISCHARGE CERTIFICATE OF SHAFEEK, DATED 8.8.2018, EDAPPAL HOSPITALS. EXHIBIT P9 TRUE COPY OF THE ORDER OF THE HON' HIGH COURT OF KERALA IN CRL.MC.8015/2018 WHICH ONE STAYED THE PROCEEDINGS IN FIR 290/2018 ORDER DATED 27.11.2018. EXHIBIT P10 TRUE COPY OF THE DIARY EXTRACT OF THE HON' JFCM COURT - PONNANI IN CMP 3082/2018, TILL DATED 21.7.2018. EXHIBIT P11 TRUE COPY OF REPORT SUBMITTED BY THE SI OF POLICE -PONNANI BEFORE THE HON JFCM PONNANI IN CMP.3082/2018, REPORT DATED 21.7.2018. EXHIBIT P12 TRUE COPY OF THE FIR 297/2018 WHICH IS DOWNLOADED FROM THE SITE OF KERALA POLICE. EXHIBIT P13 TRUE COPY OF THE ORDER OF HON. JFCM, COURT, PONNANI IN THE PETITION CMP.3082/2018, ORDER DATED 21.7.2018 AS CMP.3082/18 CLOSED. EXHIBIT P14 TRUE COPY OF THE ORDER OF HON. HIGH COURT OF KERALA IN CRL.M.C.1416/2019. ORDER DATED 27.2.2019 WHICH ONE QUASHED THE ORDER OF HON. JFCM COURT, PONNANI ORDER DATED 21.7.2018 AS CMP.3082/18 CLOSED. EXHIBIT P15 TRUE COPY OF THE ORDER OF HON. JFCM COURT, PONNANI IN CMP.3082/18 ORDER DATED 11.3.2019 WHEREIN COMPLAINANT FORWARDED TO SHO, PONNANI TO REGISTER FIR IN THE INCIDENT IN WHICH HE WAS ASSAULTED. EXHIBIT P16 TRUE COPY OF THE DIARY EXTRACT OF THE HON.JFCM COURT-PONNANI IN CMP.3082/2018, TILL DATED 11.3.2019.

¶88

-: 14 :-

¶89

W.P.(C) No.2984 /20

¶90

EXHIBIT P17 TRUE COPY OF THE FIR 582/2019 OF TIRUR POLICE STATION DOWNLOADED FROM THE SITE OF KERALA POLICE. EXHIBIT P18 TRUE COPY OF ORDER OF HON. JFCM COURT, TIRUR DIRECTING TO HANDOVER THE INVESTIGATION OF CRIME NO.582/19 OF TIRUR POLICE STATION TO ANOTHER OFFICER, ORDER DATED 5.8.2019. EXHIBIT P19 TRUE COPY OF FIR 162/2019 OF PONNANI POLICE STATION. EXHIBIT P20 TRUE COPY OF THE ORDER OF HON. HIGH COURT OF KERALA IN CRL.M.C.3061/2019. ORDER DATED 11.6.2019,WHICH ONE DIRECTED TO HANDOVER THE INVESTIGATION OF THE CRIME 162/19 OF PONNANI P.S. TO A SUPERIOR OFFICER AND DIRECTED THAT OFFICER TO CONDUCT INVESTIGATION DILIGENTLY. EXHIBIT P21 TRUE COPY OF STATEMENT OF COMPLAINANT RECORDED ON 17.10.2019 BY DYSP, TIRUR, INVESTIGATION OFFICER OF CRIME 162/19 OF PONNANI POLICE STATION. EXHIBIT P22 TRUE COPY OF THE LETTER GIVEN TO DYSP, TIRUR - INVESTIGATION OFFICER OF CRIME 162/19 OF PONNANI POLICE STATION, LETTER DATED 28.11.2019. EXHIBIT P23 TRUE COPY OF THE ORDER OF HON. SUPREME COURT IN SLP.CRL.8234/2019, ORDER DATED 9.12.2019. EXHIBIT P24 TRUE COPY OF THE LETTER GIVEN TO DISTRICT POLICE CHIEF - MALAPPURAM LETTER DATED 19.12.2019. EXHIBIT P25 TRUE COPY OF THE LETTER GIVEN TO DYSP, TIRUR - INVESTIGATION OFFICER OF CRIME 162/19 OF PONNANI POLICE STATION, LETTER DATED 21.1.2020.

¶91

-: 15 :-

¶92

W.P.(C) No.2984 /20

¶93

EXHIBIT P26 TRUE COPY OF THE REPORTED JUDGMENT OF HON. SUPREME COURT OF INDIA IN THE MATTER OF MONICA KUMAR & ANR VERSUS STATE OF U.P. & ORS PASSED IN THE WRIT PETITION (CRIMINAL) NO.27 OF 2012, ORDER DATED 08.08.2017. EXHIBIT P27 THE PRESCRIPTION SLIP OF THE DOCTOR, GOVT. HOSPITAL ,PONNANI WHO GIVE THE REFERENCE FOR SURGERY CONSULTANT, IT CAN SEE IN THE BACK SIDE OF THE SLIP WITH THE SIGNATURE OF THE DOCTOR. EXHIBIT P28 THE VISUALS OF THE CCTV FOOTAGE, THAT SHOWING ANEESH PETER-CW23 IN THE CR.582/2019 OF THRUR P.S CAME IN THE HOUSE OF THIS PETITIONER WITH SOMEONE AT NIGHT TIME AROUND 11.00PM, WITH THE OTHER PERSON HAVING 3 BOTTLES IN HIS HAND, MIGHT BE THAT KEROSENE, ACID, OR PETROL

¶94

W.P.(C) No.2984 /20 -: 16 :-

Shafeek v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shafeek v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rahul K.M. Vs State of Kerala

Ashok Kumar Vs State of Kerala

Vyasan.S Vs State of Kerala

Radhakrishnan @ Sasi Vs State of Kerala

Ahammedkutty Vs State of Kerala

Ramesh Kumar K Vs State of Kerala