Santhakumari v. The 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 MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 WP(C).No. 21033 of 2015 (D) ---------------------------- PETITIONER(S):

-------------- SANTHAKUMARI AGED 65 YEARS W/O K.P. KRISHNAN NAIR, 'DWARAKA, ' CHEVAYOOR DESOM CHERUKAVU AMSOM, KONDOTTY, MALAPPURAM DISTRICT BY ADV. SRI.T.PRASAD RESPONDENT(S):

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1. THE DISTRICT POLICE CHIEF MALAPPURAM POLICE DISTRICT HEADQUARTERS UP HILL MALAPPURAM PIN- 676 505

2. THE SUB INSPECTOR OF POLICE KONDOTTY PO, MALAPPURAM DISTRICT-673 638

3. SRI. PRADEESH KUMAR S/O KUMARAN NAIR, THAYIL HOUSE, PULIKKAL PO KONDOTTY, MALAPPURAM -673 637

4. SMT. PRAMEELA KUMARI W/O KUMARAN NAIR, THAYIL HOUSE, PULIKKAL PO KONDOTTY, MALAPPURAM -673 637

5. SMT. BABISHA W/O PRADEEH KUMAR, THAYIL HOUSE, PULIKKAL PO KONDOTTY, MALAPPURAM -673 637

6. SMT. SAJILA A.K W/O SHIBU LAL, THAKKANTHODI HOUSE, PULIKKAL PO KONDOTTY, MALAPPURAM -673 637

7. SMT. RAJANI P W/O DAYANANDAN, KAPPIL VEEDU, PERIYAMBALAM PULIKKAL, CHERUKAVU, KONDOTTY MALAPPURAM-673 637 R1 AND R2 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 21033 of 2015 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P1: THE TRUE COPY OF THE COMPLAINANT AND ITS RECEIPT DT. 1/7/15 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT AND ITS ENGLISH TRANSLATION RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P.(C).No. 21033 of 2015 ---------------------------------------------- Dated this the 13th July, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court seeking Police protection, inter alia contending that respondents 3 to 7 have, on 29.6.2015, trespassed into the house of the petitioner and created a scene, which will amount to an offence under the Indian Penal Code. Though complaints were given to the Police for necessary action, no steps have been taken to render necessary protection, hence, the petitioner has approached this Court.

2. The learned State Attorney, on instructions, would submit that the petitioner's son was involved in a crime being Crime No.808/2015, by which he, along with certain others, have allegedly misappropriated more than 2 Crores. The ₹ above crime is pending consideration. In the meantime, certain members of the locality have gone to the petitioner's residence, against which a complaint has been filed. On receipt

W.P(C).21033/15 of the complaint, all the parties were summoned to the Police Station. The petitioner submitted that she does not want to proceed with the complaint, but her apprehension was that people in the locality may again come to her residence and create law and order situation. Respondents 3 to 7 submitted before the Police that they have no intention to go to the petitioner's house and create any such situation as alleged.

3. Having regard to the aforesaid submissions, we do not think that any situation has arisen to grant a direction as prayed for. If any further offence is committed or there is attempt to commit offence, it shall always be open for the petitioner to file appropriate complaint before the Police, which shall be looked into and needful shall be done. With the above observation, the Writ Petition is closed. ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs