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High Court of KeralaWP(C)/19868/2015dismissed

Sainudeen M. v. The Sub Inspector Of Police

2015-07-02Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan5 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 THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 WP(C).No. 19868 of 2015 (G) ---------------------------- PETITIONERS :

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1. SAINUDEED M. AGED 57 YEARS CHERUBILA VEEDU, SHILPA NAGAR, AYATHIL P.O KOLLAM

2. SABURA BEEVU AGED 48 YEARS W/O. SHAMSUDEED, CHERUBILA VEEDU, SHILPA NAGAR AYATHIL P.O, KOLLAM BY ADVS.SRI.K.SHAJ SRI.A.SHAMSUDEEN SRI.SAJJU.S SRI.RENJIT GEORGE SMT.ANJU MOHAN SRI.S.K.SUJITH KRISHNA SRI.S.VISHNU (ARIKKATTIL) SRI.RENJITH.R.NAIR RESPONDENTS :

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1. THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION - 691 009.

2. NAUFAN, AGED 23 YEARS S/O HASHIR, NEFIYA MANZIL, AZAD NAGAR PALLIMUKKU, KOLLAM - 691 004.

3. NIYAS, AGED 33 YEARS S/O. HASHIR, NEFIYA MANZIL, AZAD NAGAR PALLIMUKKU, KOLLAM - 691 004.

R1 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19868 of 2015 (G) --------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------ EXHIBIT P1 THE TRUE COPY OF THE FIR NO 667/15 DATED 23/04/2015 EXHIBIT P1(A) THE TRUE ENGLISH TRANSLATION OF EXHIBIT P1 EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT EXT.P2(A) THE TRUE ENGLISH TRANSLATION OF EXHIBIT P2 EXHIBIT P3 THE TRUE COPY OF THE RECEIPT DATED 08/06/2015, ISSUED BY THE 1ST RESPONDENT EXHIBIT P3(A) THE TRUE ENGLISH TRANSLATION OF EXHIBIT P3 RESPONDENTS' EXHIBITS :

------------------------------- NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19868 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2015

JUDGMENT

Ashok Bhushan, Ag.C.J.

Heard learned counsel for the petitioners and learned Government Pleader.

2. By this writ petition the petitioners have prayed for a direction to the 1st respondent to provide adequate protection to the life of the petitioners. Petitioners' case is that their daughter one Shima was married to the brother of respondents 2 and 3. Their case is that on the complaint of petitioners' daughter, 1st respondent has registered a First Information Report, FIR No.667/15 dated 23.04.2015, which has been registered under Sections 406, 498(a), 511, 324 and 307 r/w Section 34 of Indian Penal Code. It is submitted that on account of the said registration of FIR, respondents 2 and 3 are enmical to the petitioners and they have attacked the first petitioner on 30.05.2015, with regard to which a complaint has already been submitted on 08.06.2015.

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3. Learned Government Pleader after obtaining instructions submits that the complaint dated 08.06.2015 was enquired into and it was found that no such incident took place. It is further submitted that enormous complaints have been filed by both the parties against each other.

4. Be that as it may, we do not think that it is a fit case for granting police protection. We only observe that in the event any offence is committed or there is attempt to commit offence, it shall be open for the petitioners to file appropriate complaint before the police authorities and the police authorities may look into the same and take appropriate action. With the above observation, the Writ Petition is dismissed.

Ashok Bhushan, Acting Chief Justice.

A.M. Shaffique, Judge.

ttb/02/07

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