Francis P.P. v. Deputy Superintendent Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 WP(C).No. 10029 of 2015 (C) ---------------------------- PETITIONER:
------------------- FRANCIS P.P. , AGED 71 YEARS S/O. PHILIP, PALLATHANATH HOUSE, THRIKKAKARA NORTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT.
BY ADV. SRI.C.Y.VINOD KUMAR RESPONDENTS:
------------------------ 1.
DEPUTY SUPERINTENDENT OF POLICE (RURAL), ALUVA. 683 101.
2.
THE CIRCLE INSPECTOR OF POLICE, KALAMASSERRY POLICE STATION, ERNAKULAM. 683 104.
3.
K.M. JALAL, S/O. MUHAMMED, KUMMANCHERIYIL HOUSE, CHANGAMPUZHA NAGAR P.O., 682 033.
4.
K.M. AZEEZ, S/O. MUHAMMED, KUMMANCHERIYIL HOUSE, CHANGAMPUZHA NAGAR P.O., 682 033.
5.
K.M. SHAHUL HAMEED, S/O. MUHAMMED, KUMMANCHERIYIL HOUSE, CHANGAMPUZHA NAGAR P.O., 682 033.
6.
K.M. ADDUL JABBAR, S/O. MUHAMMED, KUMMANCHERIYIL HOUSE, CHANGAMPUZHA NAGAR P.O., 682 033.
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI. C.P.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10029 of 2015 (C) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 :
TRUE COPY OF THE FIR DATED 23.04.2004 REGISTERED AGAINST RESPONDENTS 3 TO 6 WITH ENGLISH TRANSLATION.
EXHIBIT P2 :
TRUE COPY OF THE REPORT IN RASHTRA DEEPIKA DAILY DATED 29.05.2014 WITH ENGLISH TRANSLATION.
EXHIBIT P3 :
TRUE COPY OF THE COMPLAINT AGAINST THE 3RD RESPNDENT DATED 12.06.2014 WITH ENGLISH TRANSLATION.
EXHIBIT P4 :
TRUE COPY OF THE COMPLAINT DATED 04.03.2015 WITH ENGLISH TRANSLATION.
EXHIBIT P5 :
TRUE COPY OF THE RECEIPT DATED 04.03.2015 RESPONDENT'S EXHIBITS NIL /TRUE COPY/ PA TO JUDGE JJJ
ASHOK BHUSHAN, C.J.
& A.M. SHAFFIQUE, J.
------------------------------------------ W.P. (C) No. 10029 of 2015 ------------------------------------------ Dated this the 27th day of March, 2015
J U D G M E N T
Ashok Bhushan, C.J.
Heard the learned counsel appearing for the petitioner and the learned Government Pleader as well. No notice is being issued to respondents 3 to 6, in view of the order which is being passed.
2.
By this Writ Petition the petitioner has prayed for a direction, directing respondents 1 and 2 to afford adequate, meaningful and sufficient police protection to the life of the petitioner from respondents 3 to 6 and their men. 3.
The petitioner's case in the Writ Petition is that the petitioner has already filed O.S. No.342/2012 seeking an order of injunction against the 3rd respondent and his men. The allegation is that respondents 3 to 6 have threatened and tried to assault the petitioner on several occasions. Ext.P4 complaint dated 4.3.2015 has been filed with regard to the incident.
W.P.(C) No. 10029/2015 -24.
The learned Government Pleader, after obtaining instructions, submits that after receipt of the complaint dated 4.3.2015 respondents 3 to 6 were called at the Police Station and have been warned. He also submits that the petitioner did not turn up to get his statement recorded and that after 4.3.2015 no such incident has occurred or reported.
In the above view of the matter, we close the Writ Petition with the observation that in the event any offence is committed or attempted against the petitioner, it shall be open for the petitioner to submit a complaint.
Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.
Sd/- A.M. SHAFFIQUE, JUDGE.
jjj