Brinda Shine v. Director General 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 THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 WP(C).No. 14590 of 2015 (W) ---------------------------- PETITIONER :- --------------- BRINDA SHINE, VIJITHA, KILIKOLLOR P.O., KOLLAM-691004.
BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT :- --------------
1. DIRECTOR GENERAL OF POLICE KERALA POLICE, POLICE HEADQUARTERS, VAZHUTHAKKADU THIRUVANANTHAPURAM-695006.
2. THE COMMISSIONER OF POLICE KOLLAM CITY, OFFICE CITY POLICE COMMISSIONER KOLLAM-691001.
3. A.K.MASHOOD, A.K.HOUSE, MATTOOL CENTRAL P.O., KANNUR DISTRICT, PIN-670325.
4. A.K.JAVAD AHAMMED JAHSANA MANZIL, THALASSERY, KANNUR DISTRICT PIN-670101.
5. M.HARIS, MOTTAMAL, KOOTHUPARAMBA P.O., KANNUR DISTRICT PIN-670643.
6. THE SUB INSPECTOR OF POLICE KILIKOLLOOR, KOLLAM-691004.
R1, R2 & R6 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14590 of 2015 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXHIBIT P1- A TRUE COPY OF THE REPORT NO. REF/GL/511/114 DATED 22ND JANUARY 2011 ISSUED BY HLB HAMT, CHARTERED ACCOUNTS. EXHIBIT P2- A TRUE COPY OF THE FIR IN CRIME NO. 49/2011 OF KILIKOLLOOR POLICE STATION.
EXHIBIT P3- A TRUE COPY OF MEDICAL RECORDS OF THE PETITIONER. EXHIBIT P4- A TRUE COPY OF THE REPRESENTATION DATED 3-05-2015 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXHIBIT P5- A TRUE COPY OF THE REPRESENTATION DATED 3-05-2015 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.P.(C) No.14590 of 2015 ------------------------------------- Dated this the 4th day of June 2015
J U D G M E N T
Shaffique, J.
The petitioner has approached this Court seeking police protection alleging that at the instance of respondent Nos.3 to 5, several persons are threatening the petitioner. The petitioner submits that she along with her husband was conducting business in UAE since 1979. While so, they had business transactions with 3rd respondent and later, their business suffered loss and they had to come back to their native place in India. Now, on account of various financial transactions, the 3rd respondent is demanding the petitioner to pay the money or to transfer the property. 2.
The petitioner also submits that on the basis of a complaint given by the 3rd respondent, Crime No.49 of 2011 has been registered by the police, which is under investigation. The petitioner also had given complaint to the police for protection. Since no action has been taken in the matter, she approached this Court with this writ petition.
3.
Learned Government Pleader on instructions would submit that the crime against the petitioner is being investigated
W.P.(C) No.14590 of 2015 -: 2 :- by the CBCID. Further, the averments in Exts.P4 and P5 disclose no offence as such and therefore, the police can do nothing in this matter.
4.
Learned counsel for the petitioner submits that there are threatening calls from the private respondents and their men and the petitioner apprehends that some danger may cause to their life and property.
5.
Having regard to the aforesaid factual situation, we do not think that any situation has arisen for passing an order as prayed for in this writ petition. However, we only observe that if there is any offence committed or attempt to commit offence, on the complaint of the petitioner, the police shall look into the matter and do the needful.
With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt