IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 25^TH DAY OF MAY 2023 / 4TH JYAISHTA, 1945 WP(CRL.) NO. 94 OF 2023 PETITIONER/S:

ANITHA P GEORGE AGED 49 YEARS W/O.LATE WILSON , VALIYAKALAMANNIL, MATHOOR P.O, OMALLOOR, PATHANAMTHITTA DISTRICT, PIN - 689647 BY ADVS.

V.PHILIP MATHEWS ABIYA MARIYAM MATHEW GIBI.C.GEORGE ASHISH MATHEW JOHN JOHNSON K.KURIEN RESPONDENT/S:

1 STATE POLICE CHIEF KERALA STATE POLICE HEADQUARTERS , VAZHUTHACAUD, THIRUVANTHAPURAM, PIN - 695010

2 THE DISTRICT POLICE CHIEF PATHANAMTHITTA, PIN - 689645

3 THE SUPERINTENDENT OF POLICE STATE WOMEN'S CELL, THIRUVANTHAPURAM, PIN - 695014

4 THE CIRCLE INSPECTOR OF POLICE ELAVUMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689507

5 THE STATION HOUSE OFFICER ELAVUMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 689507

6 CYBER CRIME POLICE STATION DISTRICT POLICE OFFICE, PATHANAMTHITTA REPRESENTED BY STATION HOUSE OFFICER, PIN - 689645

7 LIBU BABUJI VARGHESE S/O BABUJI VARGHESE, PALANIKUNNATHIL, CHENNEERKKARA MATHOOR,KOZHENCHERRY, PATHANAMTHITTA DISTRICT NOW RESIDING AT : D 28, 2ND FLOOR, CHANAKYA PLACE PART -I , UTTAM NAGAR, NEW DELHI-110059, PIN - 689647 BY ADV ADVOCATE GENERAL OFFICE KERALA OTHER PRESENT:

PP SRI.NOUSHAD K.A THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

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W.P.(Crl.)No.94 of 2023 ------------------------------------------------

Dated this the 25^th day of May, 2023

JUDGMENT

This writ petition seeks for the following reliefs:

I) issue a writ of mandamus or other appropriate writ or order directing the 5^th respondent to report the information gathered from the petitioner, which is recorded in the General Diary of Elavaumthitta Police Station as GD No.20- 13-07-2022 in respect of a non-cognizable offence, to the concerned jurisdictional Magistrate under Section 155 (2)

of Cr.P.C.

ii) Pass such other orders which this Hon’ble Court deems just and necessary and that may be prayed for by the petitioner while hearing the W.P.(Crl.).

2. In view of the nature of order that I propose to issue, notice to the 7^th respondent is dispensed with.

3. Petitioner was married to one Sri.Wilson, who died allegedly due to coronary heart disease. After the death of her husband, anonymous e-mails were allegedly sent to the Police alleging that petitioner had murdered her husband. According to the petitioner, the e-mail was sent with an intention to tarnish her image and that of her family, in front of the public and that the same amounts to a non-cognizable offence.

4. Sri.V.Philip Mathew and Sri.Gibi C.George, learned Counsel for the petitioner contended that as per Section 155 Cr.P.C, once an information regarding a non-cognizable offence is given to an ofÏcer in charge of a Police Station, he must inform the Magistrate after entering the information in a book and thereafter, proceed to investigate, based upon the order of the Magistrate. It was also submitted that, such a course of action has not been adopted by the Police and therefore, a direction ought to be issued to act in accordance with Section 155 Cr.P.C.

5. Sri.K.A.Noushad, learned Public Prosecutor, referring to the statement filed on behalf of the respondent submitted that the substance of the information received by the Police was entered in the General Diary, as is evident from Annexure R4(1) and the petitioner was referred to the learned Magistrate and therefore, the Police has acted in accordance with law and nothing further remains to be done in the said case.

6. On a perusal of the documents produced by the respondents, it is noticed that a report was given by the Police to the Judicial First Class Magistrate Court-II, Pathanamthitta about the information received regarding the commission of a non-cognizable offence. The said report filed on 29.06.2022, was however returned on 04.07.2022 by the learned Magistrate to the Sub Insp