Ajeesh Ravi v. The Circle Inspector 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 THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 WP(C).No. 26181 of 2015 (W) ---------------------------- PETITIONERS :
-----------------
1. AJEESH RAVI AGED 27 YEARS S/O. LATE E.K. RAVI, ELAVUNGACHALIL HOUSE NEDUMATTAM KARA, KODIKKULAM P.O., THODUPUZHA IDUKKI DISTRICT.
2. SOUPHIYA P.P., W/O. AJEESH RAVI, PUTHIYAPURAYIL HOUSE, KALLAR RAJAPURAM P.O., KANJANGAD, KASARAGOD DISTRICT NOW RESIDING AT ELAVUNGACHALIL HOUSE NEDUMATTAM KARA, KODIKKULAM P.O., THODUPUZHA IDUKKI DISTRICT.
BY ADVS.SRI.LATHEESH SEBASTIAN SMT.BINITHA JAMES RESPONDENTS :
------------------
1. THE CIRCLE INSPECTOR OF POLICE VELLARIKKUNDU POLICE STATION, KASARAGOD - 671 121.
2. THE SUB INSPECTOR OF POLICE, RAJAPURAM POLICE STATION, KASARAGOD - 671 121.
3. ABOOBACKER, S/O. HAMZA, PUTHIYAPURAYIL HOUSE, KALLARA RAJAPURAM P.O., KANJANGAD, KASARAGOD - 671 121. R1 & R2 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 26181 of 2015 (W) --------------------------------- APPENDIX PETITIONERS' EXHIBITS :
----------------------------- EXHIBI-P1-TRUE COPY OF THE ELECTORAL IDENTITY CARD OF THE PETITIONER EXHIBIT-P2-TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE 2ND PETITIONER.
EXHIBIT-P3-TRUE COPY OF THE CERTIFICATE DATED 23/08/2015. EXHIBIT-P4-TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 23/08/2015 EXHIBIT-P5-TRUE COPY OF THE RECEIPT DATED 19/08/2015 ISSUED FROM SRO, KOZHIKODE.
RESPONDENTS' EXHIBITS :
------------------------------- NIL /TRUE COPY/ PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 26181 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of October, 2015
JUDGMENT
Ashok Bhushan, C.J.
Heard learned counsel for the petitioners and learned Government Pleader. No notice is being issued to the 3rd respondent in view of the order which is being passed.
2. This writ petition has been filed by the petitioners alleging police harassment. Petitioner's case is that they are husband and wife and got married on 28.03.2015 as per the Hindu rites. It is submitted that the father of 2nd petitioner, i.e. the 3rd respondent, who is unhappy with the marriage, has lodged a complaint on which crime No.364 of 2015 has been registered which is being investigated by respondents 1 and 2. Petitioners' case is that police is unnecessarily calling the petitioners and asked them to appear.
3. Learned Government Pleader after obtaining instructions submitted that a complaint was received from 3rd respondent, on which a crime has been registered. The second
WP(C) No. 26181 of 2015 -:2:- petitioner has to appear either before the police or before the Magistrate concerned for recording her statement. Learned Government Pleader further submitted that sufficient police protection will also be given to the second petitioner to produce her before the Magistrate concerned, in the event she appears before the 1st respondent.
4. Considering the aforesaid, we are of the view that in the event the second petitioner appears before the 1st respondent within two weeks from today, the police authorities shall ensure that the second petitioner is produced before the Magistrate concerned and her statement is recorded. We do not find any police harassment in this matter.
With the above observation the Writ Petition is closed. Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/01/10