K.E.George v. Antony Bava
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 FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 WP(C).No. 6377 of 2015 (V) --------------------------- PETITIONER(S):
-------------- K.E.GEORGE,KANDATHIPARAMBIL HOUSE, KUMBALANGI P.O., AGED 42 YEARS KUMBALANGI VILLAGE, KOCHI TALUK.
BY ADVS.SRI.K.C.CHARLES SRI.M.POLY MATHAI SRI.VIMAL K.CHARLES RESPONDENT(S):
--------------
1. ANTONY BAVA, S/O.JOHN, AGED ABOUT 50, KANAKANATTU HOUSE, KUMBALANGI VILLAGE, KOCHI - 682 007.
2. JOSY, S/O.FRANCIS, AGED ABOUT 37, PANCHAYAT, COUNCILOR, EDAMURIYIL VEETIL, KUMBALANGI VILLAGE KOCHI TALUK - 682 007.
3. LALU, S/O.LONAN, AGED ABOUT 50, VELIKKAKATHU HOUSE, KUMBALANGI VILLAGE, KOCHI - 682 007.
4. THE SUB INSPECTOR OF POLICE, PALLURUTHY, COCHIN - 682 007.
5. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS, SCRETARIAT THIRUVANANTHAPURAM - 695 001.
R4 AND R5 BY GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6377 of 2015 (V) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1: A TRUE COPY OF THE COMPLAINT DATED 13/02/2015 LODGED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P2: A TRUE COPY OF THE RECEIPT ISSUED FROM THE PALLURUTHY POLICE STATION FOR RECEIPT OF EXHIBIT P1 COMPLAINT. RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 6377 of 2015 ---------------------------------------------- Dated this the 6th March, 2015
JUDGMENT
Ashok Bhushan, Ag, CJ.
Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to respondents 1 to 3, in view of the order, which is being passed.
2. This Writ Petition has been filed by the petitioner seeking a direction to the fourth respondent to investigate into Exhibit P1 complaint and direct the fourth respondent to render police protection to the petitioner's life and property. The petitioner is a physically handicapped person. His case is that he was threatened by respondents 1 to 3. He has filed Exhibit P1 complaint dated 13.2.2015.
3. The learned Government Pleader, after obtaining instruction, submitted that there is a civil dispute between the father of the petitioner and the private respondents
WP(C).6377/15 with regard to which O.S.No.206 of 2012 is pending. It is submitted that Exhibit P1 complaint was enquired and the Police came to a conclusion that no such incident took place.
4. In view of the fact that Exhibit P1 complaint was enquired, we find that no further direction is needed. We, however, observe that in the event any offence is committed or attempted, it is for the petitioner to file appropriate complaint before the Police.
With the above observation, the Writ Petition is closed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs6/3/15