Full Judgment
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 MONDAY, THE20H DAY OF OCTOBER201428TH ASWINA, 1936 WP(C).No. 26906 of 2014 (K) ---------------------------- PETITIONER(S)/PETITIONER: ------------------------- VAHIDA NIZAR D/O.MUHAMMED FATHIMA, SAFA MANZIL KUTTAN THURANNA VILA, POOVAR, THIRUVANANTHAPURAM BY ADV. SRI.G.SUDHEER RESPONDENT(S)/RESPONDENTS: --------------------------
1. CIRCLE INSPECTOR OF POLICE, POOVAR CIRCLE, THIRUVANANTHAPURAM-695001
2. SUB INSPECTOR OF PO LICE POOVAR POLICE STATION, THIRUVANANTHPAURAM DIST PIN-695001
3. VIOLET W/O.STANLY, ERUKKALA VILA VEEDU, POOVAR DESOM THIRUPURAM VILLAGE, POOVAR P O THIRUVANANTHPAURAM DIST, PIN-695001
4. USHA D/O.BENDIT, JOSHI BHAVAN, T B JUNCTION POOVAR DESOM, THIRUPURAM VILLAGE, POOVAR P O THIRUVANANTHAPURAM DIST-695001
5. JESSY D/O.STANLY, ERUKKALA VILA VEEDU, POOVAR DESOM THIRUPURAM VILLAGE, POOVAR P O THIRUVANANTHAPURAM DIST-695001 R1 AND R2 BY SPL.GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2010-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26906 of 2014 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1:-TRUE COPY OF THE FIR AND FIS IN CRIME NUMBER8152014 OF POOVAR POLICE STATION P1(A):-TRUE COPY OF RELEVANT PORTION OF ENGLISH TRANSLATION OF EXT P1 FIR & FIS P2:-TRUE COPY OF THE CMP NO123592014 SUBMITTED BY THE PETITIONER BEFORE THEJFMC II, NEYYATTINKARA P2(A):-TRUE ENGLISH TRANSLATION OF EXT P2 P3:-TRUE COPY OF ACKNOWLEDGEMENT OF STOP MEMO ISSUED BY ING VYSYA BNAK LTD P4:-TRUE COPY OF THE LAWYERS NOTICE ISSUED BY ADV SNIL LAL P4(A):-TRUE COPY OF THE REPLY NOTICE ISSUED BY ADVOCATE PRAMOD P5:-TRUE COPY OF THE ADVOCATE NOTICE ISSUED TO PETITIONERS SISTER SAMEENA BY ADV SUNIL LAL P5(A):-TRUE ENGLISH TRANSLATION OF EXT P5 P6:-TRUE COPY OF THE ENGLISH TRANSLATION OF MASS PETITION DTD189/2014 BY GENERAL PUBLIC FILED BEFORE THE CHIEF MINISTERS OFFICE AGAINST R1 TO R3 P6(A):-TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE CHIEF MINISTER OF KERALA P7:-TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DTD810/2014 P7(A):-TRUE ENGLISH TRANSLATION OF EXT P7P7(B):-TRUE COPY OF ACKNOWLEDGEMENT OF RECEIPT OF EXT P7ISSUED BY THE INSPECTOR OF POLICE POOVAR POLICE STATION P7(C):-TRUE ENGLISH TRANSLATION OF EXT P7B) RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 26906 of 2014 ---------------------------------------------- Dated this the 20th October, 2014JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to respondents 3 to 5, in view of the order, which is being passed.
2. By this Writ Petition, the petitioner has approached this Court for a mandamus commanding respondents 1 and 2 to provide adequate police protection to the lives of petitioner and her minor daughter from the threats of respondents 3 to 5 and their associates.
3. The petitioner has made allegations against respondents 3 to 5 that taking blank cheques from the petitioner and utilising the same, the petitioner and her minor daughter are threatened and they are facing threat to lives from respondents 3 to 5. WP(C).26906/14 2 4. Learned Government Pleader, after obtaining instruction, submitted that a crime has been registered against the petitioner and two crimes have been registered against the party respondents under the orders passed by the Magistrate. He submitted that there is allegation and counter allegation between the parties, which is under investigation in the aforesaid crime. Be that as it may, the police authorities can proceed to investigate the crime registered against each other. However, we observe that in the event any complaint is received from the petitioner of any offence or attempt to commit an offence, the police authorities shall take appropriate measure on the said complaint. The Writ Petition is disposed of as above. ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs20/10/14