Disposed

Nikhil P D v. State of Kerala

Kerala HC6 Feb 2024WP(C)/2042/2024

Case brief

AI extract

What is this about?

The petitioner complained of police harassment involving repeated summons despite a prior bail application. The respondent Government Pleader stated the petitioner has a rowdy history and is involved in multiple crimes, submitting that police actions are legally compliant.

What did the court decide?

The writ petition is closed/made withdrawable as per the reasoned submission of the learned Government Pleader.

Nikhil P D Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
TUESDAY,THE6THDAYOFFEBRUARY2024/17THMAGHA,1945
WP(C)NO.2042OF2024

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PETITIONER:

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NIKHILPD
AGED32YEARS
S/ODIVAKARANPK,PANIKKAVALAPPILHOUSE,
VARANDHARAPILLYPO,THRISSUR,PIN-680303

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BYADVS.
BOBYTHOMAS
WINSTONK.V

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RESPONDENTS:

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1STATEOFKERALA
OFFICEOFTHESUPERINTENDENTOFPOLICE,
AYYANTHOLE,THRISSUR,PIN-680003

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2STATIONHOUSEOFFICER
VARANDHARAPILLYPOLICESTATION,
THRISSURRURALVARANDHARAPILLYPO,
THRISSUR,PIN-680303
3STATIONHOUSEOFFICER
PALAKKADCUSBAPOLICESTATION,
PALAKKADDISTRICT,PIN-678623

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BYSMTRASMITHOMAS,GP.

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
06.02.2024,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

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WP(C)NO.2042OF2024

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JUDGMENT

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The petitioner has approached this Court complaining of police harassment.

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The petitioner contends that when he was summoned to Varandharapilly Police Station in connection with Crime No. 707/2023 of Palakkad Kasaba Police Station, he approached this Court and had preferred B.A. No.10338/2023. The application was disposed of by this Court directing the police to issue a notice under Section 41A of the Cr.P.C., if his presence is required in connection with any crime and the offence alleged is one punishable for less than seven years. According to the petitioner, the second respondent is harassing the petitioner, though he is not involved in any other crimes.

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In response, it is submitted by the learned Government Pleader that the petitioner is involved in as many as six crimes. Four of which have been registered at Varandarappilly Police Station, and two crimes have been registered at Meenangadi Police Station. It is further submitted that the name of the petitioner finds a place in the Rowdy History Sheet, since the year 2022.

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WP(C)NO.2042OF2024

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The learned Government Pleader submitted that the allegation

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raised in the writ petition that the 2nd respondent is persistently summoning the petitioner is incorrect. It is stated that if the presence of the petitioner is required in connection with any freshly registered crime, and if the offence is punishable less than seven years, a notice under Section 41A shall be issued, and the provisions of Cr.P.C. shall be strictly complied with.

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The said submission is recorded and this writ petition is closed.

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Sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

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DCS

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WP(C)NO.2042OF2024

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PETITIONEREXHIBITS
ExhibitP1TRUECOPYOFTHEORDERDATED27.11.2023INBA
NO.10338/2023
ExhibitP2TRUECOPYOFTHECOMPLAINTDATED13.01.2024
PREFERREDBEFORETHE1STRESPONDENT

Nikhil P D v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nikhil P D 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

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