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2025 DAILYLAW 3210 (KER)

N.PRAKASH v. ADVOCATE K.M.SHAJAHAN

WP(C)/2913/2025 · 2025-03-24

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 2913 OF 2025 1 2025:KER:25821 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 2913 OF 2025 PETITIONER/S: N.PRAKASH AGED 60 YEARS SON OF LATE A.NARAYANA RAO, PRAJITH VIHAR, AYINI ROAD MARADU P.O., ERNAKULAM, PIN - 682304 BY ADV N.PRAKASH(Party-In-Person) RESPONDENT/S: 1 ADVOCATE K.M.SHAJAHAN RESIDING AT BHAVANA, TC 96/2256 MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695011 2 JAYAPRAKASH E.P SON OF V.P.PADMANABHAN NAIR RESIDING AT AMRITH SAGAR THENHIPALAM P.O MALAPPURAM, PIN - 673636 3 STATE POLICE CHIEF STATE POLICE HEADQUARTERS THIRUVANANTHAPURAM, PIN - 695010 4 SUPERINTENDENT OF POLICE CYBER OPERATIONS CYBER HEADQUARTERS POLICE HEADQUARTERS KERALA, THIRUVANANTHAPURAM, PIN - 695010 5 COMMISSIONER OF POLICE POLICE COMMISSIONERATE KOCHI CITY PARK VIEW MARINE DRIVE ERNAKULAM, PIN - 682011 6 STATION HOUSE OFFICER CYBER CRIME POLICE STATION KOCHI CITY, EXPRESS WAY ROAD OPPOSITE FOUR POINTS HOTEL BY SHERATON INFOPARK P.O KAKKANAD ERNAKULAM, PIN - 682041 WP(C) NO. 2913 OF 2025 2 2025:KER:25821 7 THE HIGH COURT OF KERALA REPRESENTED BY ITS REGISTRAR GENERAL, HIGH COURT BUILDINGS, ERNAKULAM, PIN - 682031 8 ASSISTANT COMMISSIONER OF POLICE CYBER CRIME POLICE STATION KOCHI CITY EXPRESS WAY ROAD OPPOSITE FOURTS POINTS HOTEL BY SHERATON INFOPARK P.O, KAKKANAD ERNAKULAM, PIN - 682042 9 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY HOME DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. GOVERNMENT PLEADER S.KRISHNA OTHER PRESENT: SC SRI HARIKUMAR G .GP SMT K B SONY ..SRI K M SHAJAHAN FOR R 1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2913 OF 2025 3 2025:KER:25821 C.S.DIAS, J. --------------------------------------- WP(C) No. 2913 OF 2025 ----------------------------------------- Dated this the 24th day of March, 2025 JUDGMENT The writ petition is filed, inter alia, to direct the 7th respondent to place the information covered by exts.P5, P8, P11, P14, P16, P18, P20 and P23 emails before the Honourable the Chief Justice on the administrative side, if it has not already been done in terms of the provisions under Rule 7 of the Contempt of Courts (High Court of Kerala ) Rules, 1971 within a time period to be fixed by this Court. 2. 2. The 7th respondent has filed a counter affidavit, inter-alia, stating that the above mentioned emails were placed before the Honourable the Chief Justice and the Honourable the Chief Justice has directed to place the file for consideration after the disposal of the writ petition. 3. Heard; the learned counsel for the petitioner, the learned counsel for the respondents 1 and 2, the learned Government Pleader and the learned counsel for WP(C) NO. 2913 OF 2025 4 2025:KER:25821 the 7th respondent. 4. The learned counsel for the petitioner submitted that, in view of the statement filed by the 7th respondent, the writ petition can be disposed of by leaving open the right of the petitioner to work out his remedies in accordance with law. In the light of the above submission, this writ petition is closed leaving open the right of the petitioner to work out his remedies in accordance with law. Sd/- C.S.DIAS, JUDGE rkc/24.03.25 WP(C) NO. 2913 OF 2025 5 2025:KER:25821 APPENDIX OF WP(C) 2913/2025 PETITIONER EXHIBITS Exhibit P5 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 8.1.2025 AT 1.06 P.M. TO RESPONDENTS 3,5,6 AND 7 Exhibit P6 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 8.1.2025 AT 5.05 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS Exhibit P7 THE SCREEN SHOT OF THE FACEBOOK POST OF THE SECOND RESPONDENT PUBLISHED ON 8.1.2025 AT 6.20 P.M. Exhibit P8 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 8.1.2025 AT 8.23 P.M. TO RESPONDENTS 3,5, 6 AND 7 Exhibit P9 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 9.1.2025 AT 2.44 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS Exhibit P10 THE SCREEN SHOT OF THE FACEBOOK POST OF THE SECOND RESPONDENT PUBLISHED ON 8.1.2025 AT 8.33 P.M Exhibit P11 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 8.1.2025 AT 9.27 P.M. TO RESPONDENTS 3,5, 6 AND 7 Exhibit P12 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 9.1.2025 AT 3.12 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS Exhibit P13 THE SCREEN SHOT OF THE FACEBOOK POST OF THE SECOND RESPONDENT PUBLISHED ON 9.1.2025 AT 8.20 A.M Exhibit P14 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 9.1.2025 AT 9.07 A.M. TO RESPONDENTS 3,5, 6 AND 7 Exhibit P15 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 9.1.2025 AT 5.32 P.M. FROM THE FIFTH RESPONDENT WP(C) NO. 2913 OF 2025 6 2025:KER:25821 Exhibit P16 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 10.1.2025 AT 2.32 P.M. TO RESPONDENTS 3,5,6 AND 7 Exhibit P17 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 10.1.2025 AT 3.24 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS Exhibit P18 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 10.1.2025 AT 3.12 P.M. TO RESPONDENTS 3,5,6 AND 7 Exhibit P19 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 11.1.2025 AT 10.41 A.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS Exhibit P20 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 12.1.2025 AT 12.32 P.M. TO RESPONDENTS 3,5,6 AND 7 Exhibit P21 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 12.1.2025 AT 2.11 P.M. FROM SPECIAL TEAM, POLICE HEADQUARTERS Exhibit P22 TRUE COPY OF THE FACEBOOK POST PUBLISHED AT 6.03 P.M. ON 15.1.2025 BY THE SECOND RESPONDENT Exhibit P23 TRUE COPY OF THE MAIL SENT BY THE PETITIONER ON 15.1.2025 AT 6.45 P.M. TO RESPONDENTS 3,5,6 AND 7 Exhibit P24 TRUE COPY OF THE MAIL RECEIVED BY THE PETITIONER ON 16.1.2025 AT 9.41 A.M. FROM THE FIFTH RESPONDENT Exhibit P25 TRUE COPY OF THE ORDER DATED 16.6.2023 IN CONTEMPT CASE (CRL.)NO.1 OF 2023 Exhibit P26 TRUE COPY OF THE JUDGMENT DATED 29.11.2023 IN W.P.C.NO.37325 OF 2023 Exhibit P27 TRUE COPY OF THE JUDGMENT DATED 8.12.2023 IN W.A.NO.2108 OF 2023 Exhibit P28 TRUE COPY OF THE JUDGMENT DATED 21.12.2023 IN W.P.C.NO.42867 OF 2023 WP(C) NO. 2913 OF 2025 7 2025:KER:25821 Exhibit P29 TRUE COPY OF THE JUDGMENT DATED 15.1.2024 IN W.A.NO.65 OF 2024 IS Exhibit P30 TRUE COPY OF THE JUDGMENT DATED 3.6.2024 IN W.P.C.NO.12613 OF 2024 Exhibit P31 TRUE COPY OF THE ORDER DATED 23.7.2024 IN W.A.NO.852 OF 2024 Exhibit P32 TRUE COPY OF THE JUDGMENT DATED 26.7.2024 IN W.A.NO.852 OF 2024 Exhibit P33 TRUE COPY OF THE JUDGMENT IN CRL.W.P.NO.817 OF 2020 DATED 5.10.2020 OF THE HIGH COURT OF BOMBAY BENCH AT AURANGABAD Exhibit P34 TRUE COPY OF THE JUDGMENT DATED 8.8.2023 IN S.L.P.(CRL.)NO.5883 OF 2020 OF THE HONOURABLE SUPREME COURT Exhibit P35 THE CERTIFICATE UNDER SECTION 65(B) (4) (C) OF THE INDIAN EVIDENCE ACT READ WITH SECTION 63 OF BHARATIYA SAKSHYA ADHINIYAM, 2023 Exhibit P36 TRUE COPY OF THE ORDER DATED 27.1.2025 IN RPFC 501 OF 2023 AND 16 OF 2024 Exhibit P37 THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ON 27.1.2025 AND 28.1.2025 Exhibit P38 THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ON 29.1.2025, 30.1.2025, 1.2.2025, 2.2.2025 AND 4.2.2025 Exhibit P43 THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ABUSING HONOURABLE DR.JUSTICE KAUSER EDAPPAGATH Exhibit P44 THE FACEBOOK POSTS PUBLISHED BY THE SECOND RESPONDENT ABUSING HONOURABLE DR.JUSTICE KAUSER EDAPPAGATH RESPONDENT EXHIBITS Exhibit R2(a) True copy of Judgement WP(C) No.2407 of 2025 WP(C) NO. 2913 OF 2025 8 2025:KER:25821 Exhibit R2(b) True copy of Judgement of Honorable Supreme CV ourt in the case of PN Dudavs V P shiv shankar and others.1988(3)scc 167 Exhibit R2(c) True copy of the Judgement of Madras High court of 2024 in contempt petition No.3212 of 2024 MHC 3678 of 2024