Shubha Sudhakaran v. The Commissioner Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No. 34585 of 2014 (W) ---------------------------- PETITIONER :
---------------- SHUBHA SUDHAKARAN AGED 48 YEARS W/O.SUDHAKARAN, RESIDING AT SUMESH BHAVANAM CLAPPANA NORTH, CLAPPANA P.O., KARUNAGAPPALLY KOLLAM DISTRICT.
BY ADVS.SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENTS :
--------------------
1. THE COMMISSIONER OF POLICE, KOLLAM - 690 526.
2. THE SUB INSPECTOR OF POLICE, OACHIRA, POLICE STATION KOLLAM - 690 526.
3. VINOD CHANDRAN, SUB INSPECTOR OF POLICE, OACHIRA, KOLLAM690 526.
4. CHINNU CHANDRAN RESIDING AT KOMATHARAYIL HOUSE, MANJADIKARA VAZHAPPALLY MURI, CHANGANASSERI VILLAGE KOTTAYAM - 686 101.
5. RAMACHANDRAN RESIDING AT KOMATHARAYIL HOUSE MANJADIKARA, VAZHAPPALLY MURI, CHANGANASSERY VILLAGE KOTTAYAM - 686 101.
R1 & R2 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 34585 of 2014 (W) ---------------------------------- APPENDIX PETITIONER'S EXHIBITS :
------------------------------ EXT.P-1: TRUE COPY OF THE COMPLAINT DATED 16.12.2014 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT.
EXT.P-1(A): TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P1. RESPONDENTS' EXHIBITS :
------------------------------ NIL /TRUE COPY/ PS TO JUDGE
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 34585 of 2014 ---------------------------------------------- Dated this the 6th January, 2015
JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to respondents 4 and 5 in view of the order, which is being passed.
2. This Writ Petition has been filed alleging Police harassment and praying for issuance of a mandamus refraining the 2nd respondent from harassing the petitioner and her family members.
3. The fourth respondent is the daughter-in-law of the petitioner. From the allegations made in the Writ Petition it appears that there is a dispute between the petitioner and the fourth respondent.
4. The learned Government Pleader after obtaining instruction, submits that the fourth respondent has filed a complaint before the Police authorities, on the basis of
WP(C).34585/14 which the petitioner was called to appear at the Police station, but the petitioner has not appeared. He further submits that the allegation in the Writ Petition that the Police raided the house of the petitioner at 1 a.m is incorrect. He submits that the petitioner was asked to come at the police station at her convenience.
5. We only observe that the respondent Police shall carry on the investigation on the complaint in accordance with the procedure prescribed in the Code of Criminal Procedure. It shall be open for the petitioner to bring into the notice of the Police authorities, if any offence is committed or attempt to commit offence against the petitioner.
With the above observation, the Writ Petition is closed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs6/1/15