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High Court of KeralaWP(C)/19597/2015disposed of

Syruk K.J. v. The Superintendent Of Police

2015-06-30Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 WP(C).No. 19597 of 2015 (Y) ---------------------------- PETITIONER(S) :- ----------------- SYRIL K.J., AGED 49 YEARS S/O.JOHN, KANNADIKIZHAKKATHIL VEEDU KANATHARKUNNAM MURI, KARALI P.O, WEST KALLADA VILLAGE KUNNATHOOR TALUK, KOLLAM DISTRICT.

BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S) :- -----------------

1. THE SUPERINTENDENT OF POLICE (RURAL) KOTTARAKKARA, KOLLAM DISTRICT - 691 506.

2. THE CIRCLE INSPECTOR OF POLICE SASTHAMCOTTA, KOLLAM DISTRICT - 690 523.

3. SUB INSPECTOR OF POLICE SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT - 690 523.

4. REGHU S/O.GOPI, MANTHATTIL VEEDU, (HARIJAN COLONY) KOTTATHODU, THIRUVALLA P.O, THIRUVALLA TALUK - 689 630.

5. JYOTHI LAKSHMI D/O.GOPI, MANTHATTIL VEEDU, (HARIJAN COLONY) KOTTATHODU, THIRUVALLA P.O, THIRUVALLA TALUK - 689 630. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19597 of 2015 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXHIBIT P1. COPY OF THE COMPLAINT DATED 4.6.15 BEFORE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

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

---------------------------------- W.P.(C) No.19597 of 2015 ------------------------------------- Dated this the 30th day of June 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking police protection inter alia contending that respondents 4 and 5 and their men are threatening the petitioner with dire consequences. The 5th respondent is the wife of the petitioner and 4th respondent is his brother-in-law. It is submitted that petitioner and 5th respondent were living in their house and on account of some matrimonial dispute, the 5th respondent is now living with her brother. When there was threat from the 4th respondent, the petitioner filed a complaint, Ext.P1, to the police for protection. Since no steps were taken by the police to provide necessary protection, this writ petition is filed.

2.

Learned Government Pleader on instructions would submit that there is matrimonial dispute between the 5th respondent and the petitioner as the 5th respondent later found that the petitioner was having another wife and child. The 5th respondent had gone to the 4th respondent's house and there is no law and order situation as alleged by the petitioner.

W.P.(C) No.19597 of 2015 -: 2 :- 3.

Having regard to the aforesaid factual situation, we do not think that any direction as sought for can be granted in this case. The police can interfere only if there is any law and order situation or if there is any offence committed or attempt to commit offence. So far, no such complaint has been received before the police.

Under such circumstances, this writ petition is disposed of with liberty to the petitioner to approach the police if there is any offence committed or attempt to commit offence, who shall look into the matter and do the needful.

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