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 FRIDAY, THE31T DAY OF OCTOBER20149TH KARTHIKA, 1936 WP(C).No. 21001 of 2014 (A) ---------------------------- PETITIONER(S): -------------- P.BINU SUKUMAR, S/O.SUKUMARAN, LAL VIHAR, PLANTHOTTAM THIRUPURAM, THIRUVANANTHAPURAM. BY ADVS.SRI.GOPAKUMAR R.THALIYAL SRI.R.B.RAJESH RESPONDENT(S): -------------- 1. THE SUB INSPECTOR OF POLICE POOVAR POLICE STATION, POOVAR, THIRUVANANTHAPURAM PIN:
695. 017.
2. THE SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM, PIN:
695. 001.
3. LALY VARGHESE, W/O.BINU SUKUMAR, LAL VIHAR, PLANTHOTTAM THIRUPURAM, THIRUVANANTHAPURAM, PIN:
695. 012. R3 BY ADV. SRI.T.B.HOOD R3 BY ADV. SMT.M.ISHA R1 AND R2 BY GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON3110-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21001 of 2014 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1: TRUE COPY OF THE ORDER
PASSED BY THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM IN M.C NO.60/2013 DATED0302/2014. P2:TRUE COPY OF THE ORDER
IN CRL.M.P NO.1645/2014 IN CRL.APPEAL NO.207/2014 DATED176/2014 PASSED BY THE SESSIONS JUDGE, THIRUVANANTHAPURAM. P3: TRUE COPY OF THE ORDER
PASSED BY THIS HON'BLE COURT IN CRL.M.C NO.3737/2014 DATED237/2014. P4: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE2D RESPONDENT DATED147/2014 ALONG WITH THE POSTAL RECEIPT AND TRUE ENGLISH TRANSLATION. P4: COPY OF JUDGMENT
PASSED BY THE COURT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE-IV, THIRUVANANTHAPURAM IN CRIMINAL APPEAL NO.207/2014, DATED3009.2014. RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 21001 of 2014 ---------------------------------------------- Dated this the 31st October, 2014 JUDGMENT
Shaffique, J.
The petitioner has approached this Court alleging police harassment. The third respondent has filed M.C.No.60 of 2013 against the petitioner under the Protection of Women from Domestic Violence Act, 2005, which is pending before the Chief Judicial Magistrate, Thiruvananthapuram. According to the petitioner, he and his mother were residing in his house along with the third respondent. But the Police are now restraining him from residing in the said building along with his mother.
2. The learned Government Pleader, on instructions, would submit that the petitioner was summoned to the police station on account of the complaint received from the third respondent. Learned counsel appearing for the WP(C).21001/14 2 third respondent also submits that though initially an order was passed by the Magistrate under the Protection of Women from Domestic Violence Act, 2005, on a revision filed by the petitioner, the same was remitted back to the learned Magistrate and now the matter is pending before the Magistrate for appropriate orders.
3. Having regard to the aforesaid statement, we do not think that this is a case of any police harassment. But, there is no reason for the Police to restrain the petitioner from residing along with his mother. However, if any offence is committed, on a complaint from the parties, the Police has to take action in accordance with law. The petitioner as well as the third respondent has to obtain appropriate orders from the Magistrate in the proceedings pending before the said authority.
4. In the above circumstances and in view of the fact that there is no restriction caused by the Police in regard to petitioner's right to reside in the building, the Writ Petition is closed. It is made clear that the petitioner shall WP(C).21001/14 3 not cause any obstruction or hindrance to the third respondent while residing in the building in question. ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs4/11/14