Rashid v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 27318 of 2015 (L) ---------------------------- PETITIONER(S):

-------------------------- 1.

RASHID. UV, AGED 24 YEARS S/O. MUHAMMED P.A., P.O.NIRMALAGIRI, KANNUR DISTRICT. 2.

ANUSREE D @ AYESHA MUHAMMEDI, AGED 21 YEARS, W/O RASHID U.V, P.O, NIRMALAGIRI, KANNUR DT.

BY ADVS.SRI.SAIBY JOSE KIDANGOOR SRI.BENNY ANTONY PAREL SRI.R.LAIJU SMT.S.SIBHA SRI.MATHEWS RAJU SRI.P.M.MOHAMMED SALIH RESPONDENT(S):

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

1. STATE OF KERALA DEPARTMENT OF HOME, REPRESENTED BY ITS SECRETARY THIRUVANANTHAPURAM - 695 001.

2. DEPUTY SUPERINTENDENT OF POLICE KANNUR - 670 001.

3. THE SUB INSPECTOR OF POLICE MATTANNUR POLICE STATION, KANNUR - 670 702.

BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-092015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27318 of 2015 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE JOINT MARRIAGE AFFIDAVIT DT. 02.9.2015. P2 - TRUE COPY OF THE DETAILS OF THE CASE CONVERSION AND CHANGE OF NAME BY THE 2ND PETITIONER DT. 01.9.2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- //True Copy// PS to Judge Rp

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 27318 of 2015 ================== Dated this, the 25th day of September, 2015

J U D G M E N T

Shaffique, J.

Petitioners have approached this Court alleging harassment by the police. According to them, they were in love and they had gone to Mysore and got the marriage registered. But police is unnecessarily calling upon them to appear before the Police Station at Mattannoor in Kannur.

2.

Learned Government Pleader on instructions would submit that a man missing case has been registered by the police and police called upon the second petitioner to appear only for the purpose of producing them before the Magistrate so that the statement can be recorded by the Magistrate.

3.

Learned counsel for the petitioners further submits that petitioners are under severe fear of going to Mattannoor as they might be harassed at the instance of the police. We do not think that summoning of the petitioners on the basis of a crime

W.P(C) No.27318/15 -:2:- registered by the police will amount to harassment. Since the petitioners apprehend that some untoward incident may happen when they appear before the police, we direct the police to ensure their protection at the time when the petitioners appear before the Police Station and when they are produced before the Magistrate to get the statement recorded.

With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp 25/09/2015 //True Copy// PS to Judge