Latheefa SA and others v. State of Kerala and Others (WA No. 298 of 2023)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 9[TH] DAY OF MARCH 2023 / 18TH PHALGUNA, 1944 WA NO. 298 OF 2023** **AGAINST THE JUDGMENT AND FINAL ORDER DATED 14.09.2022 IN WP(Crl.) 227/2022 OF HIGH COURT OF KERALA** ## **APPELLANTS/PETITIONERS:** - 1 LATHEEFA SA, AGED 40 YEARS, HUBI MANZIL, CHITTOOR, DAIVAPURA P.O, THENNOOR, THIRUVANANTHAPURAM, PIN – 695 563 REPRESENTED BY POWER OF ATTORNEY HOLDER ASIF AZAD (PETITIONER NO.4) 2 HUBAIBA, AGED 20 YEARS, HUBI MANZIL, CHITTOOR, DAIVAPURA P.O, THENNOOR, PIN – 695 563 REPRESENTED BY POWER OF ATTORNEY HOLDER ASIF AZAD (PETITIONER NO.4) 3 ABDULLA A, AGED 14 YEARS, REPRESENTED BY PETITIONER NO. 1 MOTHER HUBI MANZIL, CHITTOOR, DAIVAPURA P.O, THENNOOR, PIN – 695 563 REPRESENTED BY POWER OF ATTORNEY HOLDER ASIF AZAD (PETITIONER NO.4) 4 ASIF AZAD, AGED 30 YEARS, DARUSSALAM PARAYATHUKONAM PO, PIN – 695 104 BY ADVS. LATHEEFA SA(Party-In-Person) ABDULLA A(Party-In-Person) ASIF AZAD(Party-In-Person) ## **RESPONDENTS/RESPONDENTS:** 1 STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT **WA NO. 298 OF 2023** **==> picture [37 x 9] intentionally omitted <==** THIRUVANANTHAPURAM, KERALA, PIN – 695 001 - 2 DIRECTOR GENERAL OF POLICE AND STATE POLICE CHIEF (DGP & SPC), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, KERALA, PIN – 695 010 - 3 CIRCLE INSPECTOR OF POLICE, JANAMAITHRI POLICE STATION, PALODE, NEAR GOVERNMENT COMMUNITY HEALTH CENTER, PIN – 695 562 - 4 SUB INSPECTOR, JANAMAITHRI POLICE STATION, PALODE, NEAR GOVERNMENT COMMUNITY HEALTH CENTER, PIN – 695 562 - 5 ABDUL GAFOOR, AGED 51 YEARS, HUBI MANZIL, CHITTOOR, DAIVAPURA P.0, THENNOOR, PIN – 695 563 - 6 AMEENA UK, ASLAM MANZIL, IDAVAM, IDINJAR P.O, PIN – 695 563 - 7 FAHARUDHEEN ABDUL AZEEZ, NASEEH MANZIL, POTTANGUNN, CHITTOOR, DAIVAPURA P.O, PIN – 695 563 - 8 SAIFUDHEEN ABDUL AZEEZ, DHARUL AMEEN MANZIL, CHITTOOR, DAIVAPURA P.O, PIN – 695 563 - 9 SHAMNAD ABUBAKAR, AJITHA BHAVAN, CHITTOOR, DAIVAPURA P.O, PIN – 695 563 - 10 SAJEEV KHAN, KOPPATHIL VEEDU, CHITTOOR DAIVAPURA P.O, PIN – 695 563 BY ADVS. GOVERNMENT PLEADER G.P.SHINOD GOVIND PADMANAABHAN(K/925/2010) AJIT G ANJARLEKAR(K/000083/2014) ATUL MATHEWS(K/1675/2018) GAYATHRI S.B.(K/2005/2020) ADV. B. UNNIKRISHNA KAIMAL SR. GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **WA NO. 298 OF 2023** **..3..** ## **J U D G M E N T** ## **A. Muhamed Mustaque, J** This appeal has been preferred by the writ petitioners as against the judgment of the learned Single Judge. The writ petitioners approached this Court raising a complaint that, the police failed to take action on the complaint raised by them as against the Respondent Nos.5 to 10. 2. The learned Single Judge, who heard the matter recorded the submission of the learned Public Prosecutor that three criminal cases were registered and investigation in all these matters was going on. The learned Single Judge, therefore, directed the investigating officer to complete the investigation and file final report. Not satisfied with the said direction, the appellants came up with this appeal. 3. It is to be noted that the Registry refused to number the case noting defects. The ## **WA NO. 298 OF 2023** **==> picture [37 x 9] intentionally omitted <==** 4[th] appellant appeared in person. He claims to be the relative of other appellants. All the complaints have been raised before the Police by the Appellant Nos.1 to 3. The 4[th] appellant also submits that he had also raised a complaint. 4. We had enormous difficulty in handling the 4[th] appellant, who appeared in person before us. He was unable to cure the defects noted by the Registry. Still we offered assistance to him and directed the Registry to number the case overlooking the defects. Thereafter, we also directed District Legal Services Authority, Thiruvananthapuram to inquire into his complaint and file a report before this Court. The report also indicates that four criminal cases have been registered between the appellants and the party respondents. Appellant No.4 also produced the final report submitted by the investigation officer in this matter. 5. Heard the learned counsel for the party ## **WA NO. 298 OF 2023** ## **..5..** respondents and the learned Government Pleader. We find this is not a case where this Court to invoke its power to interfere with the investigation. In the matters where the final report has been filed, he can very well avail necessary remedy available under Section 173 of the Code of Criminal Procedure. Appellant No.4 referred to the Apex Court judgment in _**Criminal Appeal No.1599 of 2010, Kasmeri Devi v. Delhi Administration and Another [1988 AIR 1323] and in Sakiri Vasu v. State of U.P and Others [AIR 2008**_ _**SC 907]**_ and submits that the Magistrate cannot change the investigating officer and therefore, this Court should invoke its power to order reinvestigation. 6. Having bestowed our attention, we may not able to order change of investigation agency and no materials have been placed to order so. We have serious doubt about the _locus standi_ of 4[th] appellant in appearing before this Court on **WA NO. 298 OF 2023** **==> picture [37 x 9] intentionally omitted <==** behalf of other appellants. 7. It is the high time for the Registry to regulate the appearance of the party-in-person especially in the light of the Legal Services Authorities Act, where anyone can have legal aid. The party-in person having no expertise in legal field, often waste substantive productive time of the Court without any justification. The Registry shall place the order before the Honourable the Chief Justice to consider constitution of a committee to regulate the appearance of party-in-person. With the observations as above, we find no merits in this appeal, appeal fails and, accordingly, dismissed. ## **Sd/-** ## **A.MUHAMED MUSTAQUE, JUDGE** **Sd/-** **SHOBA ANNAMMA EAPEN, JUDGE** **PR** ## **WA NO. 298 OF 2023** **..7..** ## **APPENDIX OF WA 298/2023** PETITIONER ANNEXURES Exhibit P 1 COPY OF WP(CRL) 227/2022 OF THIS HON`BLE HIGH COURT DATED 26.01.2022 - Exhibit P 2 COPY OF MEMO FILED BY THE SENIOR GOVERNMENT PLEADER AS DIRECTED BY THIS HON`BLE COURT DATED 04.04.2022 - Exhibit P 3 COPY OF IA 1/2022 IN WP(CRL) 227/2022 DATED 05.05.2022 - Exhibit P 5 COPY OF ORDER OF THIS HON`BLE HIGH COURT IN WP(CRL) 227/2022 DATED 20.06.2022 - Exhibit P 6 COPY OF MEMO FILED BY THE SENIOR GOVERNMENT PLEADER AS DIRECTED BY THIS HON`BLE COURT DATED 20.06.2022 - Exhibit P 7 COPY OF IA 3/2022 IN WP(CRL) 227/2022 DATED 10.09.2022 - Exhibit P 8 COPY OF UNNUMBERED IA 1/2022 IN WP(CRL) 227/2022 DATED 12.09.2022 - Exhibit P 9 CERTIFIED COPY OF JUDGEMENT DATED 14.09.2022 BY THIS HON`BLE HIGH COURT IN WP(CRL) 227/2022 - Annexure A 1 COPY OF THE CHARGE SHEET IN FIR 2346/2021 OF PALODE POLICE STATION - Annexure A 2 COPY OF THE AFFIDAVIT BY 1ST WITNESS IN FIR 2346/2021 OF PALODE POLICE STATION DATED 28.11.2022 - Annexure A 3 COPY OF THE AFFIDAVIT BY 2ND WITNESS IN FIR 2346/2021 OF PALODE POLICE STATION DATED 28.11.2022 - Annexure A 4 COPY OF THE AFFIDAVIT BY 3RD WITNESS IN FIR **WA NO. 298 OF 2023** **==> picture [37 x 9] intentionally omitted <==** 2346/2021 OF PALODE POLICE STATION DATED 28.11.2022 Annexure A 5 COPY OF THE AFFIDAVIT BY 5TH WITNESS IN FIR 2346/2021 OF PALODE POLICE STATION DATED 28.11.2022 Exhibit P 4 COPY OF IA 2/2022 IN WP(CRL) 227/2022 DATED 05.05.2022 Annexure A 6 COPY OF THE AFFIDAVIT BY 6TH WITNESS IN FIR 2346/2021 OF PALODE POLICE STATION DATED 28.11.2022 Annexure A 7 COPY OF THE AFFIDAVIT BY 7TH WITNESS IN FIR 2346/2021 OF PALODE POLICE STATION DATED 28.11.2022