Retnamma v. The District Superintendent Of Police
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 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 WP(C).No. 8399 of 2015 (Y) --------------------------- PETITIONER :
------------------ RETNAMMA, AGED 48 YEARS, W/O.RAJAN, RAJA MANDIRAM, PERINGADU MURI, ENNAKKAD VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT NOW RESIDING AT H.NO. 165, KAKKANATEZATH, KIZHAKATHIL, ENNAKADU, ENNAKKAD VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT.
BY ADVS.SRI.C.RAJENDRAN SRI.K.R.RANJITH RESPONDENTS :
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1. THE DISTRICT SUPERINTENDENT OF POLICE (RURAL DISTRICT) OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE (RURAL) ALAPPUZHA DISTRICT - 688 001.
2. R. BINU,CIRCLE INSPECTOR OF POLICE, MAANNAR POLICE STATION ALAPPUZHA DISTRICT - 689 622.
3. SREEKUMAR, SUB-INSPECTOR OF POLICE, MAANNAR POLICE STATION, ALAPPUZHA DISTRICT - 689 622.
R1 TO R3 BY GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 8399 of 2015 (Y) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:
A TRUE PHOTOCOPY OF THE LAWYER'S NOTICE DATED 05/01/2015. RESPONDENT(S)' EXHIBITS :
NIL.
--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.8399 of 2015 ---------------------------------------- Dated this the 17th day of March 2015
J U D G M E N T
Shaffique, J Petitioner has approached this Court alleging harassment by the police. It is submitted that certain crimes have been registered against the petitioner and her husband as Crime No.872/2013 under Sections 143, 147, 148, 333, 294(b), 212, 307 read with Section 149 I.P.C, Section 27 of the Arms Act along with Sections 8(i) and (ii) of the Kerala Abkari Act. Further it is pointed out that there was an instance when the petitioner's building and property were severely damaged by certain persons and later it was found that police officers were behind it. Accordingly, petitioner had issued notice under Section 80 C.P.C seeking damages to the extent of Rs.10,20,150/-. Petitioner submits that after the issuance of the notice, there had been constant approaches by respondents 2 and 3 by which petitioner is threatened that she and her family members will be charged
with criminal cases including Abkari cases. According to the petitioner, this amounts to harassment and therefore she has approached this Court.
2.
Having regard to the factual situation that has arisen in the case, we notice that crime had been registered few years back and notice is seem to have been issued on 05/01/2015. No specific instance has been pointed out to show the details or the manner in which any harassment has been meted out by the police against the petitioner. The visit of the police officers in the petitioner's premises cannot be treated as any harassment as the petitioner's husband is already involved in certain Abkari cases.
Under such circumstances, we do not think that it is a case of police harassment for which any order is required to be passed. Accordingly, this writ petition is dismissed. (sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr