Onesiya Rani v. The Commissioner 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 FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 29031 of 2015 (D) --------------------------------------- PETITIONER(S):

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

ONESIYA RANI, AGED 32 YEARS, W/O.NILSON THOMAS, RESIDING AT PAYAPPILLILL HOUSE, PUNCHIRI LANE, THEVARA, ERNAKULAM.

2.

UNNIKRISHNAN.G., AGED 64 YEARS, RESIDING AT THOTTUVATHALA BHAVAN, AMBALAPPUZHA EAST, ALAPPUZHA.

3.

NILSON THOMAS, AGED 34 YEARS, S/O.THOMAS, RESIDING AT PAYAPPILLILL HOUSE, PUNCHIRI LANE, THEVARA, ERNAKULAM. BY ADVS.SRI.AJOY VENU SRI.M.M.NIAS RESPONDENT(S):

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

THE COMMISSIONER OF POLICE, ALAPPUZHA-688001. 2.

THE SUB INSPECTOR OF POLICE, AMBALAPPUZHA, ALAPPUZHA-688561. 3.

THE SUB INSPECTOR OF POLICE, CUSBA POLICE STATION, THEVARA, ERNAKULAM-682013.

4.

UMESH RAJ, S/O.UNNIKRISHNAN, RESIDING AT THOTTUVATHALA BHAVAN, AMBALAPPUZHA EAST, ALAPPUZHA-688561.

R1-3 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 29031 of 2015 (D) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE JUDGMENT PASSED BY THE DIVISION BENCH IN WPC.27391/2006 DATED 26/10/2006 P2 :

COPY OF THE OP.TICKET ISSUED BY THE GOVT.T.D.MEDICAL COLLEGE HOSPITAL, ALAPAPUZHA DATED 15/8/15 P2(A): ENGLISH TRANSLATION OF EXT.P2 P3:

COPY OF THE FIR REGISTERED AGAINST THE R4 IN CRIME NO.1031/5 P3(A): ENGLISH TRANSLATION OF EXT.P3 P4:

COPY OF THE COMPLAINT PETITION FILED BEFORE THE VANITHA CELL ERNAKULAM DATED 18/8/15 P4(A): ENGLISH TRANSLATION OF EXT.P4 P5:

COPY OF THE ACKNOWLEDGMENT RECEIPT OF THE COMPLAINT PETITION FILED BEFORE THE R2 DATED 25/8/15.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

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

* * * * * * * * * * * * * W.P.C.No.29031 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 seeking police protection. It is stated that the 4th respondent has brutally manhandled the 1st petitioner and though complaints have been filed before the police, no action has been taken in the mater. 2.

The learned Government Pleader, on instructions, would submit that Ext.P4 complaint had been enquired into by the police, 4th respondent was arrested and later enlarged on bail on 22/08/2015. Thereafter, no untoward incident has been reported. 3.

Having regard to the aforesaid factual situation, we are of the view that if there is any further offence or attempt to commit offence, it is always open for the petitioners to file necessary complaint before the police who shall look into the matter and take appropriate action, in accordance with law. With the above observation, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr/25/09/15