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High Court of KeralaWP(C)/29301/2015closed

K Joy v. The Circle Inspector Of Police

2015-09-30Honourable 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 WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 WP(C).No. 29301 of 2015 (K) ---------------------------- PETITIONER(S) :- ------------------

1. K. JOY, S/O.K.E.KURIAN, KATTUTHARA, THAIKKATTUSSERRY.P.O., CHERTHALA.

2. JOSE KURIAN, S/O.K.E.KURIAN, KATTUTHARA, CMC-5, CHERTHALA P.O., CHERTHALA.

3. GEORGE KURIAN, S/O.K.E.KURIAN, KATTUTHARA, PALLIPPURAM.P.O., CHERTHALA.

BY ADV. SRI.B.PRAMOD RESPONDENT(S) :- ------------------

1. THE CIRCLE INSPECTOR OF POLICE CHERTHALA - 688 524.

2. S.D.SAJEEV @ THAMPAN S/O.DAYANANDA BABU, SANTA VILASOM, PATTANAKKAD.P.O. CHERTHALA - 688 524.

3. VALSAMMA THOMAS, AGED 45 YEARS W/O.THOMAS KURIAN, KATTUTHARA THOUSE, VALACHIRA KADUTHURUTHY, KOTTAYAM DISTRICT NOW RESIDING AT PARATHIPARAMBIL HOUSE CHERTHALA.P.O., ALAPPUZHA DISTRICT - 688 524.

4. ELSAMMA DEVASIA, AGED 70 YEARS W/O.LATE DEVASSIA, PARATHIPARAMBIL HOUSE CHERTHALA.P.O., ALAPPUZHA DISTRICT - 688 524. R1 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 29301 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1- TRUE COPY OF THE F.I.R. IN CRIME NO.1198/2015 OF KADUTHURUTHY POLICE STATION WITH ITS ENGLISH TRANSLATION. EXT.P2- TRUE COPY OF THE F.I.S. IN CRIME NO.1198/2015 OF KADUTHURUTHY POLICE STATION WITH ITS ENGLISH TRANSLATION. EXT.P3- TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 1ST RESPONDENT WITH ITS ENGLISH TRANSLATION.

EXT.P4- TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT WITH ENGLISH TRANSLATION.

RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

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

----------------------------------------- W.P.(C) No.29301 of 2015 ----------------------------------------- Dated this the 30th day of September 2015

J U D G M E N T

Ashok Bhushan, CJ.

Heard the learned counsel for the petitioners and the learned State Attorney.

2.

No notice is required to be issued to respondents 2 to 4, in view of the order, which is being passed in the writ petition. 3.

The petitioners have come up with this writ petition, seeking for a direction to the first respondent to provide adequate protection to the life of the petitioners. The petitioners are apprehending threat to their life from respondents 2 to 4 and reference is made to an incident, which occurred on 3.9.2015, on the basis of which, a case has already been registered. The petitioners, thereafter sent another complaint on 20.9.2015, Ext.P3.

4.

Learned State Attorney on instructions would submit that both the parties were called on 28.9.2015 and have been warned and directed to keep peace. It is submitted that Ext.P3 complaint only indicates that certain threats have been received over telephone.

W.P.(C) No.29301 of 2015 -: 2 :- 5.

Be that as it may, we are of the view that if in any event, any offence is committed or attempt to commit offence, on the complaint, if any submitted by the petitioners, the first respondent 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/30.9.2015.