Ammini v. State Of Kerala

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. 34483 of 2015 (I) ---------------------------- PETITIONER(S) :- ------------------ AMMINI, AGED 71 YEARS W/O.ANTONY, ATTULLY HOUSE, MOOLAMPILLY KADAMAKKUDY P O, ERNAKULAM.

BY ADV. SRI.SHERRY J. THOMAS RESPONDENT(S) :- ----------------

1. STATE OF KERALA REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE INSPECTOR GENERAL OF POLICE ERNAKULAM RANGE, MARINE DRIVE, ERNAKULAM - 682 031.

3. CIRCLE INSPECTOR OF POLICE NORTH PARAVOOR, ERNAKULAM - 683 513.

4. SUB INSPECTOR OF POLICE VARAPPUZHA POLICE STATION, ERNAKULAM DISTRICT - 683 517

5. ANTONY, AGED 75 YEARS S/O.OUSEPH, ATTULLY HOUSE, MOOLAMILLY KADAMAKKUDY P O, ERNAKULAM - 683 517.

6. RANFIN ANTONY, AGED 38 YEARS S/O.ANTONY, ATTULLY HOUSE, MOOLAMILLY KADAMAKKUDY P O, ERNAKULAM - 683 517.

R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34483 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXT.P1:-A TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER.

EXT.P2:-A TRUE COPY OF THE RECEIPT FROM THE OFFICE OF THE 2ND RESPONDENT.

EXT.P3:-THE TRUE COPY OF THE CIRCULAR NO 16/2010 DTD 11/3/2010 ISSUED BY THE DIRECTOR GENERAL OF POLICE.

RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

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

------------------------------------- W.P.(C) No.34483 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 respondents 5 and 6, in view of the order, which is being passed in the writ petition.

3.

The petitioner, a Senior Citizen, has come up in the writ petition seeking for police protection from her husband and son, the 5th and 6th respondents. A complaint, Ext.P1 dated 9.11.2015 was filed by the petitioner stating that the petitioner has been coerced to sign an agreement and further, the respondents 5 and 6 are trying to kill the petitioner. 4.

We have perused the complaint, Ext.P1. In so far as the allegation that agreement was signed is the issue which cannot be decided by the police. We only observe that as and when any offence is committed or attempt to commit offence, it

W.P.(C) No.34483 of 2015 -: 2 :- shall be open for the petitioner to file appropriate complaint before the police, who shall look into the matter and do the needful.

With the above observation, this writ petition is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt/16.11.2015.