Biju K.G., Kalmpukattil Vs. State of Kerala - Court Judgment

Excerpt:

[mohan shantanagoudar j.] this writ petition is filed under articles 226 and 227 of the constitution of india, praying to direct to the hon'ble ii additional family judge at bangalore in mc.no.1016/2006 which is pending for consideration at the earliest to meet the ends of justice and equity......harassment by the police. the prayers in the writ petition are as follows: "i). to issue a writ of mandamus or other appropriate writ, direction or order directing 3rd respondent not to harass the petitioner and his family members in any manner. ii) to issue a writ of mandamus directing 2nd respondent to initiate legal action against the 3rd respondent on the basis of ext.p2 complaint without any delay." 2. briefly put, the case of the petitioner is as follows: petitioner happened to advertise in the matrimonial column for his marriage. among several persons responded, the 4th respondent also came forward with a marriage proposal and invited the petitioner to her house. ultimately the petitioner was trapped. now, the 3rd respondent is compelling the petitioner to marry the 4th respondent against his consent. it is stated to be on the basis of an undertaking forcibly obtained from the father of the petitioner at the chengamanad police station. petitioner preferred ext.p2 complaint. 3. learned government pleader, on instructions submits that petitioner and the 4th respondent were found in a suspicious circumstance and the local people informed the police and they were called to.....

Judgment:

K.M.JOSEPH & M.C.HARI RANI, JJ.

W.P.(C) No.33325 of 2010-M

Dated, this the 8th day of November, 2010

J U D G M E N T

1. Petitioner has approached this Court complaining of harassment by the police. The prayers in the writ petition are as follows:

"i). to issue a writ of mandamus or other appropriate writ, direction or order directing 3rd respondent not to harass the petitioner and his family members in any manner.

ii) to issue a writ of mandamus directing 2nd respondent to initiate legal action against the 3rd respondent on the basis of Ext.P2 complaint without any delay."

2. Briefly put, the case of the petitioner is as follows: Petitioner happened to advertise in the matrimonial column for his marriage. Among several persons responded, the 4th respondent also came forward with a marriage proposal and invited the petitioner to her house. Ultimately the petitioner was trapped. Now, the 3rd respondent is compelling the petitioner to marry the 4th respondent against his consent. It is stated to be on the basis of an undertaking forcibly obtained from the father of the petitioner at the Chengamanad police station. Petitioner preferred Ext.P2 complaint.

3. Learned Government Pleader, on instructions submits that petitioner and the 4th respondent were found in a suspicious circumstance and the local people informed the police and they were called to the police station. Petitioner along with his relatives agreed that the petitioner will marry the 4th respondent and thereafter he receded from the agreement. Police only enquired into the matter. It is however submitted that the respondent police officer will not harass the petitioner or compel the petitioner to marry the 4th respondent. It is also submitted that petitioner will not be called to the police station in connection with the alleged proposal between the petitioner and the 4th respondent. We record the said submission and close the writ petition.