IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 1ST DAY OF JUNE 2018 / 11TH JYAISHTA, 1940
WP(C).No. 17266 of 2018 (G)
PETITIONER : –
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C.M.ABDUL RAZAK, AGED 32 YEARS, S/O.ABDULLA HAJI,
MANDEKAPPU VEEDU, KUDALMARIKALA P.O.,
MANJESWARAM TALUK, KASARAGOD, PIN: 671 324.
BY ADVS.SMT.SREEJA SOHAN.K.
SMT.GAYATHRI KRISHNAN
RESPONDENTS : –
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1. STATION HOUSE OFFICER
KUMBALA POLICE STATION,
KASARAGOD DISTRICT, PIN: 671321.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
3. MUSTAFA, AGED 35 YEARS, S/O.ABDULLA,
KUNJAR GUDDE HOUSE, BELLA P.O,
KASARAGOD DISTRICT, PIN: 671 531.
4. FARUK, AGED 30 YEAS, S/O.ABDULLA,
KUNJAR GUDDE HOUSE, BELLA P.O,
KASARAGOD DISTRICT., PIN: 671 531.
5. HAMEED MUSILIAR, AGED 40 YEARS, S/O.ABBAS,
NEAR SEETHAMGOLI JUNCTION, MANJESWARAM TALUK,
KASARAGOD (DIS), PIN: 671 323.
BY GOVERNMENT PLEADER SRI. NICHOLAS JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17266 of 2018 (G)
APPENDIX
PETITIONER’S EXHIBITS : –
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EXHIBIT P1 : THE TRUE COPY OF THE PHOTOGRAPH OF THE HOTEL IS PRODUCED.
EXHIBIT P2 : TRUE COPY OF THE APPLICATION DATED 16.5.2018.
EXHIBIT P3 : THE TRUE COPY OF THE POSTAL RECEIPT DATED 17.5.18.
RESPONDENTS’ EXHIBIT: NIL.
// TRUE COPY //
P.A. TO JUDGE
DMR/-
A.M.SHAFFIQUE
P. SOMARAJAN, JJ.
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W.P.(C) No. 17266 of 2018
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Dated this the 01st day of June, 2018
JUDGMENT
A.M. Shaffique, J.
The petitioner has approached this Court alleging that
respondents 3 to 5 have threatened the petitioner and
apprehending loss of life, the petitioner seeks for police
protection. It is also alleged that on the basis of false
complaints given by respondents 3 to 5, police is unnecessarily
harassing the petitioner.
2. We have sought for instructions from the first
respondent. Learned Public Prosecutor submits that a crime
has been registered against the petitioner as Crime
No.244/2018 of Badiyadukka Police Station under Section
498A and the matter is under investigation.
3. The learned counsel for the petitioner, however,
submits that there is dispute between the petitioner and his
wife. The respondents 3 to 5, relatives of his wife, have caused
separate complaints to be filed against the petitioner under
Section 498A before two police stations at Kumbala and
Badiyadukka. When the petitioner moved for anticipatory bail,
W.P.(C) No. 17266 of 2018 2
the learned Public Prosecutor appearing on behalf of the police
had stated that no crime had been registered and accordingly
those anticipatory bail applications had been closed.
4. A perusal of the averments in the writ petition would
disclose that there is a matrimonial dispute between the
petitioner and his wife. The respondents 3 to 5 are the near
relatives of the petitioner’s wife. Apparently when family
disputes arise between the parties there is possibility of some
offence being committed in the form of threat or assault.
5. Be that as it may, if any complaint is filed by the
petitioner or any other party, it is the duty of police to take
immediate action based on the said complaint.
6. The contention of the petitioner is that though he had
given Exhibit P2 complaint, no action had been taken in the
matter.
7. We are of the view that when a person apprehends
that his life is in danger, necessarily the police will have to
take appropriate steps to ensure the maintenance of law and
order.
W.P.(C) No. 17266 of 2018 3
8. Taking into consideration the nature of averments
made in the writ petition and the arguments advanced by the
learned counsel for the petitioner, this writ petition is disposed
of without notice to private respondents 3 to 5 as under:
The first respondent shall ensure maintenance of law
and order and also ensure that whenever a complaint is filed,
appropriate action is taken in accordance with the procedure
prescribed.
Sd/-
A.M.SHAFFIQUE (JUDGE)
Sd/-
P. SOMARAJAN (JUDGE)
DMR/-
