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High Court of KeralaWP(C)/24641/2015closed

Sameera Safeer v. Raheel

2015-08-13Honourable 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 THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 WP(C).No. 24641 of 2015 (E) ---------------------------- PETITIONER(S) :- ------------------ SAMEERA SAFEER, AGED 48 YEARS, W/O.SAFEER, BABU VILASOM, KULAMUTTOM P.O., MOONGODU, VARKALA, THIRUVANANTHAPURAM.

BY ADV. SRI.A.N.SATHEESH KUMAR RESPONDENT(S) :- -------------------

1. RAHEEL, BABU VILASAM, KULAMUTTOM P.O., MOONGODU, VARKALA, THIRUVANANTHAPURAM, NOW RESIDING AT THAIKKOOTTATHIL, MELEPUTHEN VEEDU, VELLAYANI P.O., VELLAYANI, HOUSE No.2292, THRUKKUNNAPURAM, THIRUVANANTHAPURAM, NEAR N.S.S.KARAYOGAM, STUDIO ROAD, THIRUVANANTHAPURAM - 695 001.

2. BAISY RAHEEL, AGED 40 YEARS, W/O.RAHEEL, BABU VILASAM, KULAMUTTOM P.O., MOONGODU, VARKALA, THIRUVANANTHAPURAM - 695 001.

3. NAZAR, S/O.VAHAB, KATTUVILA VEEDU, KULAMUTTOM, VARKALA, THIRUVANANTHAPURAM - 695 001.

4. SUB INSPECTOR OF POLICE, KADAKKAVOOR POLICE STATION, KADAKKAVOOR, THIRUVANANTHAPURAM - 695 001.

5. CIRCLE INSPECTOR OF POLICE, KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM - 695 001.

R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO.24641 OF 2015 APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 :- TRUE PHOTOCOPY OF THE COMPLAINT GIVEN BY PETITIONER TO THE 4TH RESPONDENT DATED 29.7.2015. EXT.P1(a) :- TRUE ENGLISH TRANSLATION OF EXHIBIT-P1.

EXT.P2 :- TRUE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY PETITIONER BEFORE THE 4TH RESPONDENT.

EXT.P2(a) :- TRUE ENGLISH TRANSLATION OF EXHIBIT-P2.

EXT.P3 :- TRUE COPY OF RECEIPT ISSUED FOR EXHIBIT-P2. RESPONDENT'S EXHIBITS :- NIL.

//TRUE COPY// P.A. TO JUDGE

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

---------------------------------- W.P.(C) No.24641 of 2015 ------------------------------------- Dated this the 13th day of August 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking for police protection alleging that there is severe threat from respondents 1 to 3. It is stated that the first respondent is the brother of the petitioner's husband. The petitioner is residing with her motherin-law and daughter. Petitioner's husband is abroad. The first respondent was also abroad. When he came back to India, he had come to the petitioner's residence along with respondents 2 and 3 and there is severe threat to the life and property of the petitioner and her family members. Though complaint was given to the police as Exts.P1 and P2, no action has been taken in the matter and therefore, the petitioner has approached this Court. 2.

Learned Government Pleader on instructions would submit that the police had enquired Exts.P1 and P2 and it was found that the first respondent along with his wife wanted to visit his mother, who is residing along with the petitioner. The petitioner obstructed and prevented the first respondent from

W.P.(C) No.24641 of 2015 -: 2 :- visiting his mother, other than that, no untoward incident had been happened.

3.

Having regard to the aforesaid factual situation, we do not think that the petitioner is entitled for a direction as sought for. 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