Hussain T v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 1075 of 2015 (H) --------------------------- PETITIONER(S):
------------ 1.HUSSAIN T, AGED 24 YEARS, S/O.AVARAN THEKINIYAN, THEKINIYAN HOUSE, PALATHARA, KOTAKKAL (PO), MALAPPURAM - 676503. 2.SUHANA RASLIN, AGED 18 YEARS, D/O. ABDU SAMAD, KAZHUNGIL HOUSE, AMBALAVATTOM, EDARIKODE (PO). MALAPPURAM 676 510.
BY ADVS.SRI.G.P.SHINOD SRI.RAM MOHAN.G.
G.SREEKUMARAN SRI.MANU V.
SRI.GOVIND PADMANAABHAN SRI.AJIT G.ANJARLEKAR RESPONDENT(S):
-------------- 1.STATE OF KERALA, REPRPESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2.THE SUPERINTENDENT OF POLICE AND DISTRICT POLICE CHIEF, MALAPPURAM DISTRICT, DISTRICT POLICE HEAD QUARTERS, MALAPPURAM.
3.THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR SUB DIVISON, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR, MALAPPURAM.
4.THE CIRCLE INSPECTOR OF POLICE, TIRUR CIRCLE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, TIRUR, MALAPPURAM.
5.THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION, KOTTAKKAL, MALAPPURAM.
6.ABDU SAMAD, KAZHUNGIL HOUSE,PARAMBILANGADI, THENNALA, EDARIKODE, MALAPPURAM 676 501.
R BY GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.1075/2015 APPENDIX PETITIONERS' EXHIBITS:
EXT.P1: COPY OF THE SECONDARY SCHOOL LIVING CERTIFICATE OF THE FIRST PETITONER ISSUED BY THE GENERAL EDUCATION DEPARTMENT OF THE GOVERNMENT OF KERALA.
EXT.P2: COPY OF THE CERTIFICATE OF BIRTH OF THE SECOND PETITIONER ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, TIRURANGADI GRAMA PANCHAYAT.
RESPONDENTS EXHIBITS: NIL /TRUE COPY/ P.S. TO JUDGE.
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... W.P. C. No. 1075 of 2015 - Y ....................................................... Dated this the 13th day of January, 2015
JUDGMENT
Shaffique, J.
Petitioner has approached this Court alleging police harassment. According to the first petitioner, he is in love with a girl and he intents to marry her . But there is some objection from the side of the girl's father. Now that without even registering a crime police is unnecessarily harassing the petitioners.
2. Learned Govt. Pleader submits that a "woman missing" complaint has been given by girl's father, the 6th respondent and a crime has been registered as Crime No. 20/2015 of Kottakkal
W.P. C. No. 1075 of 2015 - Y Police Station. Enquiries were made by the police only with reference to the said crime and, therefore, there is no harassment by the police.
3. Since the police is only investigating the crime, we do not think that such investigation process amounts to any harassment to the petitioners. It shall always be open for the petitioners to approach the concerned police officer or the Magistrate having jurisdiction in the matter and proceed in accordance with law. With the above observation, this Writ Petition is closed. Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S.to Judge