SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

C.M.Abdul Razak vs Station House Officer on 16 May, 2018

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 : –
———————-

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 : –
—————————

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 : –
————————————–

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.
————————————————
W.P.(C) No. 17266 of 2018
————————————————
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/-

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please CLICK HERE to read Group Rules, If You agree then JOIN HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DVACT), Divorce, Maintenance, Alimony, Child Custody, HMA24, 125 CrPc, 307, 313, 376, 377, 406, 420, 506, 509 etc

Web Design BangladeshWeb Design BangladeshMymensingh