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High Court of KeralaWP(C)/31976/2015closed

Jasmi v. State Of Kerala

2015-10-28Honourable 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 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 31976 of 2015 (V) --------------------------------------------- PETITIONER(S) :

-------------------------- JASMI, AGED 30 YEARS, NAJMA MANZIL, DAIVAPURA P.O., KOCHU KARIKKAKAM, THIRUVANANTHAPURAM.

BY ADV. SRI.M.R.NANDAKUMAR RESPONDENT(S) :

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

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

2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM- 695 001.

3. DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM- 695 001.

4. BINISH LAL, SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION THIRUVANANTHAPURAM- 695 001.

R1 TO R3 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 31976 of 2015 (V) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

---------------------------------------- EXT P1:

TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER DATED 13/10/2015 TO THE 2ND RESPONDENT. EXT P1(A):

TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1. RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

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

------------------------------------- W.P.(C)No.31976 of 2015 ---------------------------------- Dated this the 28th day of October, 2015.

J U D G M E N T

ASHOK BHUSHAN, C.J.

Heard the learned counsel for the petitioner and Sri.P.Vijayaraghavan, the learned State Attorney, in the matter.

2. This writ petition has been filed by the petitioner alleging police harassment. The petitioner's case is that the petitioner's husband is a human rights activist and the 4th respondent, who is the Sub Inspector of Police, is harassing the petitioner and came to the house in the night. Ext.P1 complaint has also been filed on 13.10.2015 by the petitioner. The learned State Attorney, after obtaining instruction, would submit that two crimes have been registered against the petitioner's husband, ie., Crime Nos.902/14 and 1430/15 in different Police Stations. It is submitted that the petitioner's husband is absconding and

W.P.(C)No.31976 of 2015 the police party had visited the petitioner's house to apprehend petitioner's husband. It is also submitted that Ext.P1 complaint was enquired into and no substance was found in the complaint. Since two crimes had already been registered against the petitioner's husband, we cannot treat this allegation as an incident of police harassment. With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

ami/ //True copy// P.A. to Judge