Prabha R v. The District Police Chief
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 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 WP(C).No. 33545 of 2015 (P) ---------------------------- PETITIONER(S) :
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1. PRABHA R., AGED 57 YEARS, S/O. RAGHAVAN, ANITHA BHAVAN, ANGADIKAL VILLAGE, ANGADIKKAL SOUTH P.O., KODUMON, ADOOR TALUK, PATHANAMTHITTA DISTRICT.
2. ANITHA S., AGED 44 YEARS, S/O.PRABHA R., ANITHA BHAVAN, ANGADIKAL VILLAGE, ANGADIKKAL SOUTH P.O., KODUMON, ADOOR TALUK, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.M.T.SURESHKUMAR SMT.SMITHA PHILIPOSE RESPONDENT(S) :
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1. THE DISTRICT POLICE CHIEF, KOLLAM RURAL, KOLLAM.
2. DISTRICT POLICE CHIEF, PATHANAMTHITTA-689645.
3. THE DEPUTY SUPERINTENDENT OF POLICE, ADOOR, PATHANAMTHITTA-671543.
4. C.I. VISWAMBARAN, CIRCLE INSPECTOR OF POLICE, ERAVIPURAM, KOLLAM DISTRICT-691001.
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WP(C).No. 33545 of 2015 (P) -2-
5. SUJATHAN, S/O.VASUDEVAN, VALIYAVEETTIL THODIYIL, KILIKOLLOORCHERI, KILIKOLLOOR VILLAGE, KOLLAM DISTRICT-695601
6. MANIKKUTTAN, KILIKOLLOOR CHERIYIL, KILIKOLLOOR VILLAGE, KOLLAM DISTRICT-695 601.
R1 TO R3 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 33545 of 2015 (P) APPENDIX PETITIONERS EXHIBITS: :
--------------------------------------- EXT. P1:
TRUE COPY OF THE AGREEMENT EXECUTED ON 21.2.2015 BETWEEN THE IST PETITIONER AND THE 5TH RESPONDENT AND NIZAR ALONG WITH ITS TRANSLATION EXT. P2:
TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE 2ND PETITIONER AND THE 5TH RESPONDENT AND NIZAR DATED 21.2.2015, ALONG WITH ITS TRASLATION.
EXT. P3:
TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION.
EXT. P4:
TRUE COPY OF THE DIRECTION OF THE DISTRICT POLICE CHIEF TO THE 3RD RESPONDEN, DY.SP OF POLICE, ADOOR, ALONG WITH ITS TRANSLATION.
EXT. P5:
TRUE COPY OF THE REPRESENTATION DATED 18.10.2015 SUBMITTED BEFORE THE IST RESPONDENT, ALONG WITH ITS TRANSLATION. EXT. P6:
THE REPRESENTATION SUBMITTED BEFORE THE DIRECTOR GENERAL OF POLICE, ALONG WITH ITS TRANSLATION. RESPONDENTS EXHIBITS:
NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE.
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ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.33545 of 2015 ---------------------------------------- Dated this the 4th day of November 2015
J U D G M E N T
Ashok Bhushan, CJ Heard learned counsel for the petitioners and the learned State Attorney. No notice is being issued to respondents 5 and 6 in view of the judgment being passed today.
2.
This writ petition is filed alleging police harassment. It is the case of the petitioners that at the instance of the 6th respondent, police authorities are calling the petitioners time and again, which is nothing but harassment. They submit that there is a financial transaction between the petitioners and respondents 5 and 6, which matter can be settled by a competent Civil court and the police authorities have no role to play.
3.
The learned State Attorney, on instructions, would submit that on receipt of a complaint from the 6th respondent that the petitioners have cheated him, petitioners were called at the police station. After recording the statement of the parties, police have already closed the matter on 10/10/2015.
W.P.C.No.33545/2015 In view of the aforesaid, we are of the view that no case has been made out by the petitioners to conclude that there is any kind of police harassment. No direction, as prayed for, can be issued in this writ petition. This writ petition is dismissed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/04/11/2015
W.P.C.No.33545/2015
W.P.C.No.33545/2015