Kushala Kumari v. City Police Commissioner, Kollam District
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 21ST DAY OF OCTOBER 2015/29TH ASWINA, 1937 WP(C).No. 29911 of 2015 (L) ---------------------------- PETITIONER:
------------ KUSHALA KUMARI, AGED 41 YEARS, W/O.RADHAKRISHNA PILLAI, RESIDING AT KAILASAM, THUNDUVILA VEEDU, PEREYAM, UMAYANALLOOR P.O, KOLLAM DISTRICT.
BY ADV. SRI.V.A.AJIVAS RESPONDENTS:
------------
1. THE CITY POLICE COMMISSIONER, KOLLAM DISTRICT PIN - 691 001.
2. THE CIRCLE INSPECTOR OF POLICE, CHATHANNOOR CIRCLE, CHATHANNOOR, KOLLAM DISTRICT PIN - 691 572.
3. THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOLLAM DISTRICT, PIN - 691 571.
4. NIZARUDEEN, NEAR PEREYAM READING ROOM, NIZAM MANZIL, THAZHUTHALA VILLAGE, KOLLAM DISTRICT-691 573. R1 TO R3 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 29911 of 2015 (L) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ---------------------- EXT.P-1: THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1 - 3 RESPONDENTS, DATED 20.4.2015 RESPONDENTS' EXHIBITS --------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- W.P(C) No.29911 of 2015 --------------------------------------- Dated this the 21st day of October, 2015
J U D G M E N T
The writ petitioner herein is the wife of the accused in a crime registered by the Kottiyam Police under the provision of the Protection of Children from Sexual Offences Act. The writ petitioner seeks a direction by way of writ of mandamus for an effective investigation in the crime. On 1.10.2015 this Court directed the learned counsel for the writ petitioner to address the court why the writ petition is not filed by the really aggrieved person, or why the wife of the accused has come with this writ petition. Now there is no representation for the writ petitioner. The writ petition or any connected matter does not explain why the wife has brought this writ petition when the really aggrieved person is her husband, or why the husband does not come before Court with any grievance as regards the process of investigation. The writ petitioner has not produced the copy of the complaint or the FIR. It is not known how the writ petitioner alleges, without having any of the necessary materials, that investigation is not being properly conducted. I find no
W.P(C) No.29911 of 2015 merit in this writ petition, which is not brought by the really aggrieved person. Hence, this writ petition is dismissed in limine, without being admitted to files.
Sd/- P.UBAID JUDGE //True Copy// P.A to Judge ab