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High Court of KeralaWP(C)/34455/2015closed

Shiju C.P v. The Superintendent Of Police

2015-11-16Honourable 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 MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 34455 of 2015 (F) ---------------------------- PETITIONER(S) :- ------------------

1. SHIJU C.P., S/O.PUSHPAN C.K., KULAKKUZHIPARABIL, MANAKKAPPADY P.O., KARUMALOOR P.O., PIN - 683 511, ERNAKULAM DISTRICT.

2. NAINA THOMAS, D/O.THOMAS, NJARAKKACHALIL, THOTTAKKATTUKARA P.O., PIN - 683 108, ERNAKULAM. BY ADVS.SMT.P.F.ROSY SRI.V.M.SYAM KUMAR RESPONDENT(S) :- -----------------

1. THE SUPERINTENDENT OF POLICE (RURAL), ALUVA, ERNAKULAM DIST - 683 101.

2. CIRCLE INSPECTOR OF POLICE, ALUVA CIRCLE, ERNAKULAM DIST - 683 101.

3. THE SUB INSPECTOR OF POLICE, ALANGAD POLICE STATION, ALANGAD, ERNAKULAM DIST - 683 511.

4. SRI.THOMAS, NJARAKKACHALIL, THOTTAKKATTUKARA P.O., PIN - 683 108, ERNAKULAM. R1 TO R3 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JVT

WP(C).NO.34455 of 2015 APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 :- TRUE COPY OF THE NOTICE DTD.4.11.2015 OF INTENDED MARRIAGE UNDER THE SPECIAL MARRIAGE ACT 1954. EXT.P2 :- TRUE COPY OF THE POSTAL RECEIPT DTD.4.11.2015.

EXT.P3 :- TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION TO THE 1ST PETITIONER. EXT.P4 :- TRUE COPY OF THE BIRTH CERTIFICATE OF THE 2ND PETITIONER.

EXT.P5 :- TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED TO THE 2ND PETITIONER.

RESPONDENT'S EXHIBITS :- NIL.

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

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

------------------------------------- W.P.(C) No.34455 of 2015 -------------------------------------- Dated this the 16th day of November 2015

J U D G M E N T

Ashok Bhushan, CJ.

Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

No notice is required to be issued to the 4th respondent, in view of the order, which is being passed in the writ petition. 3.

Petitioners' case in the writ petition is that both the petitioners, who are major, have submitted an application for their marriage to be registered under the Special Marriage Act. It is submitted that at the instance of the 4th respondent, the police is unnecessarily harassing the petitioners and the parents of the first petitioner.

4.

Learned State Attorney, after obtaining instructions, would submit that a crime for man missing has already been registered as Crime No.815 of 2015, on the complaint of the 4th respondent.

5.

If so advised, the petitioners may appear before the concerned Magistrate for getting their statement recorded. The

W.P.(C) No.34455 of 2015 -: 2 :- police authorities shall render necessary protection for the appearance of the petitioners before the concerned Magistrate. With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/16.11.2015.