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High Court of KeralaWP(C)/27295/2015closed

Anju Albert v. Sho, Cyber Crime P.S., Tvm

2015-09-15Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan6 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 TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 WP(C).No. 27295 of 2015 (J) ---------------------------- PETITIONER(S):

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1. ANJU ALBERT AGED 28 YEARS D/O.K.J.ALBERT AUGUSTINE, NOW RESIDING ATKONNOTH (H) KANNADI P.O., PALAKKAD DISTRICT, PIN - 678 701 PRESENT ADDRESS FOR COMMUNICATIONIS C/O.K.J.STANY KONNOTH (H), KOOTTUNGAL LANE, THOPPUMPADY KOCHI TALUK, ERNAKULAM DISTRICT, PIN - 682 005.

2. JESSY ALBERT AGED 56 YEARS W/O.K.J.ALBERT AUGUSTINE, NOW RESIDING AT KONNOTH(H) KANNADI P.O., PALAKKAD DISTRICT PIN - 678 701PRESENT ADDRESS FOR COMMUNICATION IS C/O.K.J.STANY KONNOTH (H), KOOTTUNGAL LANE, THOPPUMPADY KOCHITALUK, ERNAKULAM DISTRICT, PIN - 682 005. BY ADV. SRI.LIJOY P.VARGHESE RESPONDENT(S):

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1. THE STATION HOUSE OFFICER CYBER CRIME POLICE STATION, PATTOM THIRUVANANTHAPURAM DISTRICT, PIN - 695 004

2. THE CIRCLE INSPECTOR OF POLICE VANITHA CELL, THIRUVANANTHAPURAM DISTRICT PIN - 695 039.

3. THE SUPERINTENDENT OF POLICE PATTOM - KOWDIAR ROAD, THIRUVANANTHAPURAM DISTRICT PIN - 695 003.

4. STATE OF KERALA REP. BY THE SECRETARY TO HOME DEPARTMENT KERALA SECRETARIAT, THIRUVANANTHAPURAMDISTRICT PIN - 695 001.

5. ABHILASH ASOK, AGED 27 YEARS S/O.ASOK KUMAR, POTHANALIL HOUSE PILASSERY P.O.KOZHIKODE DISTRICT, PIN - 673 572.

6. MOLY ASOK, AGED 47 YEARS W/O.ASOK KUMAR, POTHANALIL HOUSE PILASSERY P.O.KOZHIKODE DISTRICT, PIN - 673 572.

WP(C).No. 27295 of 2015 -2-

7. ASWINI AMALDEV, AGED 25 YEARS W/O.AMALDEV, POTHANALIL HOUSE, MUPPATHADAMPARUR ERNAKULAM, PIN CODE - 683 110.

8. VAISAK KUTTIKADAN TECHNICIAN, MATHRUBHUMI NEWS V.M.NAIR MEMORIALBUILDING, MATHRUBHUMI ROAD PIN - 695 035.

R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27295 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P-1: THE TRUE COPY OF THE OUT PATIENT REGISTRATION CARD, DATED 4.9.2015 ISSUED TO THE IST PETITIONER FROM THE GENERAL HOSPITAL, ERNAKULAM. RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27295 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of September, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioners and learned Government Pleader. No notice is being issued to respondent Nos.5 to 8 in view of the order which is being passed.

2. This writ petition has been filed by the petitioners alleging police harassment. Petitioners' case is that they are being called by the respondent Police asking them to appear before the Police Station without there being any rhyme or reason. Petitioners' case is that the marriage contract between the 5th respondent and one Shalini Devarajan could not be materialised and now the 5th respondent is attempting to charge false cases against the petitioners. Frequent calls are being received from private respondents and 1st and 2nd respondents have

WP(C) No. 27295 of 2015 -:2:- asked the petitioners to be present in the police station. It is also submitted that they are not aware of any charges levelled against them and are not involved in any crime.

3. Learned Government Pleader after obtaining instructions submitted that a complaint dated 01.09.2015 filed by the 5th respondent against the petitioners was received and in connection with the same, the petitioners were asked to appear. The petitioners did not appear before the police station and rushed to this Court. Learned Government Pleader further submits that the first petitioner has already filed a writ petition, W.P.(C) No.14747 of 2015 alleging police harassment which was closed on 26.05.2015. Learned Government Pleader also submits that in any event the petitioner has to appear before the police and the Police is ready to handover a copy of the complaint.

4. From the facts of the case we are of the view that present is not a case of police harassment and no

WP(C) No. 27295 of 2015 -:3:- direction need be issued in this case. It is open for the petitioner to appear b efore the Police and obtain a copy of the complaint, and she can take such action as permissible under law.

With the above observation the Writ Petition is closed.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/15/09