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High Court of KeralaWP(C)/37342/2015closed

K.S.Shaji v. The State Of Kerala

2015-12-17Honourable The Chief Justice Mr.Ashok Bhushan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C). No.37342 of 2015 (P) ---------------------------- PETITIONER(S):

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1. K.S.SHAJI, AGED 28 YEARS, S/O P. SULAIMAN, KARIMATHILPADAM, VALLANGHY, NENMARA, P.O. 678 508, PALGHAT (DIST).

2. ABIDHA, W/O P. SULAIMAN, ASGED 48, KARIMATHILPADAM, VALLANGHY, NENMARA, P.O. 678 508, PALGHAT (DIST).

3. P. SULAIMAN, AGED 56, S/O MOHAMMED, KARIMATHILPADAM, VALLANGHY, NENMARA, P.O. 678 508, PALGHAT (DIST) BY ADVS.SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K.

SRI.JOBI.A.THAMPI SMT.M.KABANI DINESH SMT.SITHARA SHAMSUDEEN SRI.C.M.EBRAHIM SRI.SHOUKATH HUSAIN KUM.MERIJA RAJAN RESPONDENT(S):

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1. STATE REPRESENTED BY CHIEF SECRETARY, , SECRETARIAT GOVT. OF KERALA, TRIVANDRUM-695 001

2. CIRCLE INSPECTOR OF POLICE, WADAKKANCHERRY, THRISSUR (DIST), PIN-680 582.

3. SUB INSPECTOR OF POLICE, NENMARA PIN-678 508.

WP(C). No.37342 of 2015 (P) :2:

4. SHAKEELAMOL, D/O LATE ZAKKEER HUZZAIN, AZHEEKAL HOUSE, VALVU, MULLOORKARA PO, THRISSUR (DIST)-680 583. R1TO R3 BY SENIOR GOVERNMENT PLEADER SRI .C.R.SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 37342 of 2015 (P) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 : PHOTO COPY OF THE LETER DT. 17/6/15 EXT.P1(A) : TRUE ENGLISH TRANSLATION OF EXT.P1 EXT.P2 : PHOTO COPY OF THE RECEIPT DT. 11/7/15 EXT.P2(A) : TRUE ENGLISH TRANSLATION OF EXT.P2 EXT.P3 : PHOTO COPY OF THE RECEIPT DT. 29/9/15 EXT.P3(A) : TRUE ENGLISH TRANSLATION OF EXT.P3 RESPONDENT(S)' EXHIBITS:-NIL ------------------------------------------------ KRJ //true copy// P.A to Judge

ASHOK BHUSHAN, C.J & K.RAMAKRISHNAN, J.

= = = = = = = = = = = = = = = = = W.P(C) No.37342 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 17th day of December, 2015

JUDGMENT

Ashok Bhushan, CJ Heard learned counsel for the petitioner and learned Government Pleader. No notice is being issued to 4th respondent in view of the order which is being passed.

2. Petitioners have filed the writ petition alleging police harassment at the instance of respondents 2 and 3. Petitioners' case is that marriage between first petitioner and 4th respondent was solomnised on 28.3.2015. It is alleged that 4th respondent was suffering from mental disease and after few days she has gone to her parental house.

3. It is submitted that at the instance of 4th respondent, police authorities are calling the petitioners at the station and petitioners were called on 27.11.2015 and 3.12.2015.

WP(C).37342/15 -:2:-

4. Learned Government Pleader was allowed time to obtain instructions. Learned Government Pleader, after obtaining instructions, submitted that after receipt of the complaint from 4th respondent, there was physical and mental harassment. Petitioners were called to appear in the station. Petitioner appeared and police only tried to conciliate the matter. But, since the parties were not agreeable, they have been advised to approach the Family Court. It is further stated that complaint has been already closed by the police authorities.

In the above view of the matter, we do not find that there is any kind of police harassment. Therefore, the writ petition is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- K.RAMAKRISHNAN JUDGE krj.17/12/15