Mohammed Haftab v. The Superintendent 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 TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 WP(C).No. 21895 of 2015 (J) ---------------------------- PETITIONER(S):

-------------------------- MOHAMMED HAFTAB AGED 33 YEARS S/O.MUHAMMED HANEEFA, K.P HOUSE, CHULLIMANOOR P.O CHULLIMANOOR, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.V.S.THOSHIN RESPONDENT(S):

----------------------------

1. THE SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM (RURAL).

2. THE CIRCLE INSPECTOR OF POLICE NEDUMANGAD, THIRUVANANTHAPURAM 695 001.

3. THE SUB INSPECTOR OF POLICE CHULLIMANOOR, NEDUMANAD POLICE STATION THIRUVANANTHAPURAM 695 021.

4. NEENU NAMMAS D/O.SAINUDHEEN, KATTOTTIL THURUTHIYAD P.O KOZHIKODE 673 001.

5. SULEKHA, AGED 56, W/O.SAINUDEEN, KAKKOTTIL THURUTHIYAD P.O KOZHIKODE 673 001.

BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-072015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC NO.21895/15 APPENDIX PETITIONER'S EXHIBITS EXT.P1:

TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FAMILY COURT, NEDUMANGAUD, THIRUVANANTHAPURAM AS OP NO.1250/2014.

EXT.P2:

TRUE COPY OF THE THREATENING VIDEO CLIPS (CD) EXT.P3:

TRUE COPY OF THE MARRIAGE INVITATION DATED 2/8/15.

EXT.P4:

TRUE COPY OF THE MARRIAGE INVITATION DATED 8.8.15.

EXT.P5:

TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 13.7.15.

EXT.P6:

TRUE COPY OF THE TRANSLATED VERSION OF EXHIBIT P5.

//True Copy// PS to Judge Rp

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

================ W.P (C) No. 21895 of 2015 ==================== Dated this, the 21st day of July, 2015

J U D G M E N T

Shaffique, J Petitioner has approached this Court seeking police protection inter alia contending that he has threat from the 4th respondent, who was his wife. It is stated that petitioner is presently residing at Qatar. Petitioner alleges that the 4th respondent had some mental infirmity and she used to manhandle the petitioner. Further, it is stated that petitioner intends to come to India for a marriage function on 2/8/2015 and 8/8/2015. Apprehending that there might be some law and order situation at the time when the petitioner attends the said function, this writ petition is filed seeking appropriate police protection.

2.

It is apparent from the pleadings in the case that the issue involved between the parties is a family dispute. Police can interfere only if any offence is committed or there is attempt to

W.P(C) No.21895/2015 -:2:- commit offence. As matters stand now, no such incident has occurred nor any such complaint has been raised by the petitioner. Under such circumstances, we only observe that petitioner shall submit a complaint to the 3rd respondent if he apprehends any threat and, on receipt of the said complaint, the 3rd respondent shall look into the matter and do the needful. With the above observation, this writ petition is disposed of. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge