Ushadevi Amma v. The Rural S P
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 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 31209 of 2015 (A) ---------------------------- PETITIONER(S) :- ------------------ USHA DEVI AMMA, AGED 54 YEARS D/O.SARASWATHY AMMA, USHAS, EDAVATTOM KARUVELIL, PAVITHRESHWARAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.
BY ADVS.SRI.R.MOHANA BABU SRI.M.AJITH (KARICODE) SRI.N.S.SUBHASH RESPONDENT(S) :- -----------------
1. THE RURAL SP, KOTTARAKKARA, KOLLAM-691 506.
2. THE CIRCLE INSPECTOR OF POLICE EZHUKONE-691 505
3. THE SUB INSPECTOR OF POLICE, EZHUKONE-691 505.
4. SUBHA, AGED 35 YEARS D/O.RAJENDRAN PILLA, ASWATHY, EDAVATTOM KARUVELIL, PAVITHRESHWARAM VILLAGE, KOTTARAKKARA TALUK KOLLAM DISTRICT-691 506.
5. DEEPU, AGED 41 YEARS S/O.BALAKRISHNA PILLA, JAYABHAVANAM, EDAVATTOM KARUVELIL, PAVITHRESHWARAM VILLAGE, KOTTARAKKARA TALUK KOLLAM DISTRICT-691 506.
R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 31209 of 2015 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXT.P1 : TRUE COPY OF THE PETITION FILED TO THE DIRECTOR GENERAL OF POLICE, DT 9-9-2015 WITH ENGLISH TRANSLATION. EXT.P2 : TRUE COPY OF THE COMPLAINT GIVEN TO THE 3RD RESPONDENT DT 9-9-2015 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.31209 of 2015 -------------------------------------------- Dated this the 14th day of October 2015
J U D G M E N T
Shaffique, J.
The petitioner has approached this Court alleging harassment by police. It is stated that the petitioner's brother was married with the 4th respondent and there is matrimonial dispute. However, on account of such dispute, the police, at the instance of the 4th respondent, is unnecessarily coming to the petitioner's residential premises and interfering in the dispute between the 4th respondent and the petitioner's brother.
2.
Learned Government Pleader on instructions would submit that the petitioner's brother is involved in two crimes and Non-Bailable Warrant had been issued against him. The police, on enquiry, found that he was available in the residence of the petitioner, came there and arrested him. He was later enlarged on bail. Other than going to the residence of the petitioner for the purpose of arresting her brother, no other action had been taken by the police.
3.
Having regard to the aforesaid factual situation, we are of the view that since the police had gone to the residence of the
W.P.(C) No.31209 of 2015 -: 2 :- petitioner only for arresting her brother, who was involved in two crimes, it does not amount to any harassment by police. Hence, taking on record the submission made by the learned Government Pleader, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/16.10.2015