Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, WP(CRL.) NO. 1259 OF 2023 CRIME NO.1128/2022 OF West Circle Police Station, Thrissur, Thrissur PETITIONER/S:
1 VAISHNAV DAS, AGED 19 YEARS S/O SIVADASAN, EDAKKATTIL HOUSE A YYANTHOLE P.O, THRISSUR DISTRICT, PIN - 682031 2 BINSO BABU, AGED 20 YEARS S/O BABU GEORGE, CHAKKALAKKAL HOUSE, AYANTHOLE P.O, THRISSUR DISTRICT, PIN - 680003 3 JAYARAM NARAYANAN,AGED 19 YEARS, S/O P.G.NARAYANAN, PUTHANMADOM HOUSE, CHETTUPUZHA P.O., MANAKODI, THRISSUR DISTRICT, PIN - 680012 BY ADVS. GAYATHRI MURALEEDHARAN ARATHY P. V.A.AJAY RAMAKRISHNAN M.N.
RESPONDENT/S: 1 STATE OF KERALA,REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 STATE POLICE CHIEF, KERALA POLICE HEADQUARTERS THIRUVANANTHAPURAM, PIN - 695010 3 DISTRICT POLICE CHIEF VELIYANNOOR, THRISSUR, PIN - 680021 4 ASSISTANT COMMISSIONER OF POLICE VELIYANNOOR, THRISSUR, PIN - 680021 -2- 5 THE STATION HOUSE OFFICER THRISSUR TOWN WEST POLICE STATION, NEAR COLLECTORATE AYYANTHOLE, THRISSUR, PIN - 680003 OTHER PRESENT: SMT SREEJA V, PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-
P.V.KUNHIKRISHNAN, J.
====================================================== ============================================================= Dated this the 4th day of December, 2023
JUDGMENT
The above writ petition is filed with following prayers: “i. Issue a writ of mandamus or any other appropriate writ, to direct the 2nd and the 5th Respondents to take appropriate steps to remove Exhibit P2 FIR from the website managed by the Respondents available to the public domain replacing it with the updated/ amended accused array; ii. Issue a writ of mandamus or any other appropriate writ, to direct the 2nd and 5th respondents to take appropriate steps to erase/mask the names of these petitioners in the Exhibit P2 FIR which is still accessible in the public domain; iii. Petitioners also pray that this Honorable Court maybe pleased to dispense with the translation of the documents produced in the vernacular language. iv. issue such other writ, order, or direction as this
Honorable Court may deem fit and appropriate in the facts
and circumstances of the case. ” (sic)
2. The grievance of the petitioners is that even though their
names are included in the First Information Report, subsequently their names were deleted and they were injured witnesses in this case. But -4- even now the names of the petitioners are shown in the Thuna Website. Narrating their grievance, petitioners submitted Ext.P9 request before the 4th respondent. The contention is that there is no response from the 4th respondent.
3. Heard the counsel for the petitioners and the Public Prosecutor.
4. After hearing both sides, I think there can be a direction to
the 4th respondent to consider Ext.P9 request and take appropriate steps in it, in accordance with law. Therefore, this writ petition (crl.) is disposed of in the following manner:
1. The 4th respondent is directed to consider Ext.P9 and take
appropriate steps in it, in accordance with law and communicate the decision taken in it to the petitioners, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. -5-
2. The petitioners will produce a stamped certified copy of this judgment together with a copy of this writ petition with exhibits before the 4th respondent for compliance.
sd/- P.V.KUNHIKRISHNAN JUDGE das -6- APPENDIX OF WP(CRL.) 1259/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE FIR (INITIAL) IN CRIME NO.1128/2022 DATED 22.10.2022 OF THRISSUR TOWN WEST POLICE STATION Exhibit P2 THE TRUE COPY OF THE FIR (AMENDED) IN CRIME NO.1128/2022 DATED 22.10.2022 OF THRISSUR Exhibit P3 THE TRUE COPY OF THE FIR IN CRIME NO.1119/2022 OF THRISSUR TOWN WEST POLICE STATION, U/S 323, 324, 326, 34 IPC DATED 21.10.2022 Exhibit P4 THE TRUE COPY OF THE REPORT DATED
08.11.2022, FILED BY THE 4 TH RESPONDENT ASSISTANT COMMISSIONER OF POLICE, THRISSUR, BEFORE THE HON'BLE DISTRICT AND SESSIONS COURT, IN CRL.MC. NO.1450/2022 Exhibit P5 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1128/2022 OF THRISSUR TOWN WEST POLICE STATION DATED 24.01.2023 AFTER COMPLETION OF INVESTIGATION AND CHANGING THE ACCUSED PERSONS Exhibit P6 A TRUE COPY OF THE WITNESS MEMORANDUM FILED ALONG WITH THE FINAL REPORT IN CRIME NO.1128/2022 OF THRISSUR TOWN WEST POLICE STATION DATED 24.01.2023 AFTER COMPLETION OF THE INVESTIGATION Exhibit P7 A TRUE COPY OF THE FINAL REPORT NUMBERED 1183/2022, IN THE CRIME NO.1119/2022 OF THRISSUR TOWN WEST POLICE STATION, U/S 325, 323 IPC, AND 3(2) (VA) OF SC/ST ACT DATED 31.12.2022 AFTER COMPLETION OF THE INVESTIGATION Exhibit P8 A TRUE COPY OF THE WITNESS MEMORANDUM FILED ALONG WITH THE FINAL REPORT IN CRIME NO.1119/2022 OF THRISSUR TOWN WEST POLICE STATION DATED 31.12.2022 AFTER THE COMPLETION OF THE INVESTIGATION -7- Exhibit P9 THE TRUE COPY OF THE REQUEST SUBMITTED BY THE FATHER OF THE 1ST PETITIONER HEREIN BEFORE THE 4 TH RESPONDENT DATED 25.09.2023 Exhibit P10 THE TRUE COPY OF THE RECEIPT ISSUED FROM THE SUB DIVISIONAL OFFICE OF POLICE DATED 26.09.2023