Sabeera A.S. v. The Commissioner Of Police, Kochi City

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No. 10756 of 2015 (T) ---------------------------- PETITIONER(S):

-------------------------- SABEERA A.S., NANDANAM, SANTHIGRAMAM, S.N. ROAD, PALLURUTHY, ERNAKULAM-682 006.

BY ADVS.SRI.SHABU SREEDHARAN, SRI.S.VIJAYAN, SRI.N.MUHAMMAD SAJU, SRI.C.PAULOSE, SRI.SREEDHARAN KARATTA, SMT.RESHMA ABDUL RASHEED.

RESPONDENT(S):

----------------------------

1. THE COMMISSIONER OF POLICE, KOCHI CITY, REVENUE TOWER, ERNAKULAM-682 016.

2. THE SUB INSPECTOR OF POLICE, PALLURUTHY POLICE STATION, ERNAKULAM-682 006.

3. MUHAMMED NAUFAL O.M., ODAMPIL HOUE, PARAPPATTUPARAMBU, EDAPPALLY NORTH, AIMS P.O., ERNAKULAM-682 044. R1 & R2 BY SR. GOVT. PLEADER SRI.C.R. SYAMKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 10756 of 2015 (T) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:

THE TRUE COPY OF THE RECEIPT DATED 06.03.2015. EXT.P1(A):

THE TRUE ENGLISH TRANSLATION OF EXHIBIT-P1 DATED NIL. EXT.P2:

THE TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT DATED NIL.

EXT.P3:

THE TRUE COPY OF THE PETITION DATED 28.03.2015. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.10756 of 2015 ---------------------------------------- Dated this the 1st day of April 2015

J U D G M E N T

Shaffique,J Petitioner is the wife of the 3rd respondent. It is alleged that on account of cruelty inflicted by the 3rd respondent, petitioner has to leave her matrimonial house with her child. Under the influence of liquor and drugs, 3rd respondent has forcibly taken away the child from her legal custody and illtreated her. It is submitted that with the interference of the Women Cell, the child was returned. It is further complained that the 3rd respondent is creating nuisance and threat and the petitioner apprehends danger to her life. 2.

The learned Government Pleader, on instructions, would submit that at the instance of the complaint from the petitioner, parties were summoned to the police station. 3rd respondent was warned not to create any illegal activities.

However, petitioner submits that she does not want to register a case against the 3rd respondent.

3.

Having regard to the aforesaid factual situation, we do not think it necessary to pass any order, as prayed for. However, we only observe that if any offence is committed or there is any attempt to commit offence, it is always open for the petitioner to file necessary complaint before the police who shall look into the matter and take appropriate action, in accordance with law.

With these observation, this writ petition is disposed of. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr