Alphonsa Vs. State of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE6H DAY OF JANUARY201516TH POUSHA, 19361 WP(C).No. 17604 of 2013 (A) ---------------------------- PETITIONER(S) : --------------- ALPHONSA, AGED50YEARS, D/O.MARY VARUNNY, VADUKKOOT HOUSE, P.O.PARVATHY, THRISSUR DISTRICT, PIN - 680 509. BY ADVS.SMT.K.NANDINI SRI.BINU BOSE. RESPONDENT(S) : ---------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM - 695 001.

3. THE CITY POLICE COMMISSIONER, THRISSUR - 680 509.

4. REVENUE DIVISIONAL OFFICER, THRISSUR - 680 509.

5. M.K.RAMESH, SUB INSPECTOR OF POLICE, PAVARATTY, THRISSUR - 680 509.

6. PRIYA, W.C.P.O., (WOMEN CIVIL POLICE OFFICER) BADGE NO.6310, PAVARATTY POLICE STATION, PIN - 680 507. WP(C).No. 17604 of 2013 (A) 7. PRASHANTH, CPO (CIVIL POLICE OFFICER), BADGE NO.5865, PAVARATTY POLICE STATION, PIN - 680 507.

8. JOSHY MARY, AGED40YEARS, KIDANGAN HOUSE, P.O.PAVARATTY, PIN - 680 507.

9. VARGHESE CICILY, AGED48YEARS, VADAKOOT HOUSE, P.O.PAVARATTY, PIN - 680 507. BY ADV. SMT.TULASI PANICKER BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0601-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs. WP(C).No. 17604 of 2013 (A) APPENDIX PETITIONER(S)' EXHIBITS : ------------------------ EXHIBIT P1. TRUE COPY OF THE FIR IN CRIME NO.598/13 REGISTERED AT THE3D RESPONDENT POLICE STATION DATED1005.2013. EXHIBIT P2. TRUE COPY OF THE REPRESENTATION FROM PETITIONER TO1T RESPONDENT DATED1605.2013. EXHIBIT P2(A). TRUE COPY OF REPRESENTATION DATED2005.2013 SENT BY PUCL FOR AND ON BEHALF OF PETITIONER. EXHIBIT P3. TRUE COPY OF THE ACCIDENT-CUM-WOUND CERTIFICATE DATED2105.2013. EXHIBIT P4. TRUE COPY OF THE REFERRAL LETTER DATED2805.2013 FROM THE GENDER-BASED VIOLENCE MANAGEMENT CENTRE, DISTRICT HOSPITAL, THRISSUR. EXHIBIT P5. TRUE COPY OF THE DISCHARGE CARD DATED2905.2013 ISSUED FROM THE DISTRICT HOSPITAL. EXHIBIT P6. TRUE COPY OF THE COMMUNICATION FROM PETITIONER'S MOTHER TO THE1T RESPONDENT DATED2105.2013. EXHIBIT P6(A). TRUE COPY OF THE RECEIPT ISSUED FROM THE COURIER SERVICE DATED2105.2013. EXHIBIT P7. TRUE COPY OF THE REPRESENTATION TO2D RESPONDENT FROM PETITIONER AND HER MOTHER DATED2705.2013. EXHIBIT P7(A). TRUE COPY OF THE RECEIPT ISSUED FROM THE2D RESPONDENT'S OFFICE DATED2905.2013. EXHIBIT P8. TRUE COPY OF THE PRELIMINARY

PASSED BY THE4H RESPONDENT DATED2806.2013. EXHIBIT P9. TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE AMALA INSTITUTE OF MEDICAL SCIENCES DATED2007/2013. EXHIBIT P10. TRUE COPY OF DISCHARGE CERTIFICATE DATED0706/2013 FROM THE AMRITA INSTITUTE OF MEDICAL SCIENCES. EXHIBIT P11. TRUE COPY OF THE M.P. NO. 6744/13 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD. WP(C).No. 17604 of 2013 (A) RESPONDENT(S)' EXHIBITS : ------------------------ EXHIBIT R8(A). TRUE COPY OF

DATED2501/2010 COMMITTING THE PETITIONER TO CIVIL PRISON. EXHIBIT R8(B). TRUE COPY OF THE FIR10522012 DATED2611/2012 OF PAVARATTY POLICE STATION. EXHIBIT R8(C). TRUE COPY OF FIS DATED2611/2012 OF8H RESPONDENT AND READABLE COPY. EXHIBIT R8(D). TRUE COPY OF THE DISCHARGE SUMMARY DATED2711/2012 OF8H RESPONDENT. EXHIBIT R8(E). TRUE COPY OF THE FIR5972013 DATED1005/2013 OF PAVARATTY POLICE STATION. EXHIBIT R8(F). TRUE COPY OF THE FIS DATED1005/2013 OF8H RESPONDENT'S HUSBAND AND REDABLE COPY. EXHIBIT R8(G). TRUE COPY OF THE DISCHARGE SUMMARY DATED1605/2013 OF JOSHY. /TRUE COPY/ P.A.TO JUDGE RVS. ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.17604 of 2013 ---------------------------------------- Dated this the 6th day of January 2015

JUDGMENT

Shaffique,J This writ petition is filed seeking the following reliefs: "i) to issue a writ of mandamus or other appropriate writ order or direction directing the respondents 1 and 2 to see that petitioner and family are no more harassed; ii) to issue a writ of certiorari or other appropriate writ order or direction, quashing Exhibit P8 impugned order of 4th respondent; iii) to issue a writ of mandamus or other appropriate writ order or direction directing the respondents 1 and 2 to take appropriate action against respondents 5 to 7 and other police officers who tortured and hand-cuffed the petitioner; iv) direction directing the 1st respondent to pay sufficient monetary compensation to the petitioner for enduring utmost pain and indignity in public at the hands of respondents 5 to 7 and other 4 identifiable police officers attached to the 4th respondent Police Station;" W.P.C.No.17604/2013 2 2. Petitioner alleges that she was unnecessarily harassed, hand-cuffed and physically assaulted by the police in respect of certain allegations raised against her. Further it is contended that she was asked not to report about the torture by the police.

3. During the pendency of this case, this Court directed the District Police Chief to conduct an enquiry into the matter. Report was filed before this Court on 05/08/2013 by the District Police Chief, Thrissur. In the report, it is stated that the petitioner was arrayed as accused in several crimes namely Crime Nos.1053/2012, 597/2013, 598,2013. The incident which is narrated by the petitioner is with reference to her arrest in Crime No.597/2013 of Pavaratty police station. It is reported that despite the fact that the petitioner has made such a statement, there is no evidence to substantiate the said factual incident. It is stated that enquiries were conducted in regard to the allegations and in the absence of any evidence regarding the same, it was W.P.C.No.17604/2013 3 revealed that the petitioner was not subjected to any such harassment, as alleged. Further, it is stated that the petitioner was produced before the learned Magistrate in the usual course after medical examination at Community Health Centre, Mullassery and she never raised any complaint before the learned Magistrate as well. It is also stated that proceedings were initiated against her under Section 107 Cr.P.C and that she is a person causing breach of peace and disturbing the public tranquility.

4. Reply affidavit has been filed by the petitioner further indicating that a private complaint has already been filed by her as M.P.No.6744/2013 before the Judicial First Class Magistrate Court, Chavakkad wherein certain police officers are also arrayed as accused.

5. Having regard to the aforesaid factual situation especially after considering the report of the District Police Chief which indicates that the allegations raised by the petitioner are baseless, we do not think that this Court will W.P.C.No.17604/2013 4 be justified in making an enquiry into the said factual disputes. Since the petitioner has already taken up the matter before the learned Magistrate, it is always open for her to prosecute the matter in accordance with the procedure prescribed. In the result, we do not find any reason to pass any orders in the writ petition and hence the same is closed. (sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.17604/2013 5 W.P.C.No.17604/2013 6