Rashmy.P.I v. District Police Chief

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 JULY 2015/10TH ASHADHA, 1937 WP(C).No. 12406 of 2015 (A) ---------------------------- PETITIONER(S) :- -----------------

1. RASHMY.P.I, AGED 20 YEARS WIFE OF NITHIN SARATH, HOUSEHOLD AFFAIRS, RESIDING AT SOPANAM, GURUPURAM, SOUTH ARYAD MURI, KOMALAPURAM VILLAGE, ALAPPUZHA DISTRICT - 688 006.

2. NITHIN SARATH, AGED 20 YEARS, TRAINER, RESIDING AT SOPANAM, GURUPURAM, SOUTH ARYAD MURI KOMALAPURAM VILLAGE, ALAPPUZHA DISTRICT - 688 006. BY ADV. SRI.R.AZAD BABU RESPONDENT(S) :- ------------------

1. DISTRICT POLICE CHIEF, THRISSUR - 680 001.

2. CIRCLE INSPECTOR OF POLICE, MALA, THRISSUR - 680 732.

3. SUB INSPECTOR OF POLICE, MALA, THRISSUR - 680 732.

4. ITTIRA P.P., PUTHIRIKKAL HOUSE, KUZHUR P.O., MALA THRISSUR-680 734.

R4 BY ADV. SRI.M.H.HANIL KUMAR R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WP(C).No. 12406 of 2015 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXT.P1.THE MARRIAGE CERTIFICATE ISSUED BY THE DEVASWOM MANAGER, SREE MAHADEVA TEMPLE, KANJIRAMATTOM, THODUPUZHA, DATED 6/4/2015. EXT.P2. THE TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE DATED 27/5/2011 ISSUED TO THE 1ST PETITIONER. EXT.P3.THE TRUE COPY MARK STATEMENT OF SECONDARY SCHOOL EXAMINATION, 2008 DATED 27.5.2008 ISSUED TO THE 2ND PETITIONER. EXT.P4. TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT DATED 8/4/2015.

EXT.P5. TRUE COPY OF POSTAL RECEIPT DATED 9/4/2015 REGARDING THE SENDING OF THE EXT.P4 COMPLAINT.

EXT.P6. TRUE COPY OF THE CERTIFICATE OF MARRIAGE DATED 13/04/2015 ISSUED BY THE REGISTRAR OF MARRIAGE, THODUPUZHA MUNICIPALITY. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

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

---------------------------------- W.P.(C) No.12406 of 2015 -------------------------------------- Dated this the 1st day of July 2015

J U D G M E N T

Shaffique, J.

This writ petition has been filed alleging harassment by police. It is submitted that the petitioners have contracted marriage as per Marriage Certificate dated 6.4.2015. However, the 3rd respondent, at the instance of the 4th respondent, has called upon the 2nd petitioner to the police station and harassing him. Apprehending that he will be harassed by the police, this writ petition has been filed.

2.

Learned Government Pleader on instructions would submit that on the complaint by the girl's mother, the police had called the 2nd petitioner. He was only asked to appear before the Magistrate to give necessary statement. 3.

Having regard to the aforesaid factual situation, we do not find any harassment as alleged by the petitioners. The 2nd petitioner was called only on account of the complaint

W.P.(C) No.12406 of 2015 -: 2 :- received by the police. It shall be open for the 2nd petitioner to appear before the Magistrate and give necessary statement. With the above observation, this writ petition is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt