Asya Vs. the District Police Chief - Court Judgment

SooperKanoon Citationsooperkanoon.com/1124022
CourtKerala High Court
Decided OnJan-29-2014
JudgeHON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
AppellantAsya
RespondentThe District Police Chief
Excerpt:
in the high court of kerala at ernakulam present: the hon'ble the chief justice dr. manjula chellur & the honourable mr.justice a.m.shaffique wednesday, the29h day of january20149th magha, 1935 wp(c).no. 24436 of 2013 (d) ---------------------------- petitioners : ----------------------- 1. asya w/o.ismail, chalilakath house, kakkad po malappuram district.2. noufal s/o.asya, chalilakath house, kakkad po malappuram district.3. shama w/o.noufal, chalilakath house, kakkad po malappuram district. by advs.sri.babu s. nair sri.k.rakesh respondent(s) : ---------------------------- 1. the district police chief malappuram, pin676505 2. the sub inspector of police thirurangadi police station, malappuram district pin676306 3. fathima suhara d/o.kallayi hamza, arippol, manzil puthoor po, kottakkal, malappuram district pin676503.4. siddique s/o.kallayi hamza, arippol manzil puthoor po, kottakkal, malappuram district pin676503. r1 & r2 by spl. govt. pleader sri. sujith mathew jose r3 by advs. sri.philip j.vettickattu this writ petition (civil) having been finally heard on2901-2014, the court on the same day delivered the following: mn ...2/- wp(c).no. 24436 of 2013 (d) ---------------------------------------- appendix petitioners' exhibits : ------------------------------------- exhibit p1 copy of the agreement entered into between the parties dated2012/2012. exhibit p2 copy of the fir in crime no.341/2013 of the thirurangadi police station along with the complaint dated55/2013. exhibit p3 copy of the joint satatement filed in op no.622/2013 before the family court, malappuram dated58/2013. exhibit p4 copy of the fir and fis incrime no.894/2013 of thirurangadi police station dt. 10/9/2013. exhibit p5 copy of the wound certificate issued from the taluk head quarters hospital, tirurangadi dated99/2013 issued to the first petitioner respondent(s)' exhibits : nil ------------------------------------------------------------ //true copy// p.s. to judge mn manjula chellur, c.j & shaffique, j.---------------------------------------------- w.p(c).no. 24436 of 2013 ---------------------------------------------- dated this the 29th january, 2014 judgment shaffique, j.the petitioners have approached this court seeking police protection. the first petitioner is the mother of the second petitioner and the third petitioner is the second wife of the second petitioner. the third respondent was the former wife of the second petitioner. fourth respondent is the brother of the third respondent. there is a matrimonial dispute between the second petitioner and the third respondent. the third respondent has already filed a complaint against the second petitioner alleging offences punishable under sections 323, 354, 506(1) read with 34 ipc. apparently, there is a case and counter case between the parties. it is complained that the petitioners are getting threatening calls from the party respondents and they were intimidated and that they will not permit the petitioners to live peacefully.2. counter affidavit has been filed by the third respondent inter alia stating that the first petitioner and second petitioner's eldest brother have physically assaulted and harassed the third respondent, when the child was admitted in the hospital for food poison. she has also denied the averments raised in the writ petition. wp(c).no.24436/13 2 3. having regard to the aforesaid factual situation, apparently, there is a matrimonial dispute between the parties. both sides have case and counter case. if at all there is any crime committed including threatening calls, it is always open to the petitioners to approach the police and the police shall do the needful in accordance with the procedure. for that reason, police protection as sought for is not required to be passed. in the light of above observation, we do not find any reason to issue any direction as sought for. accordingly the writ petition is dismissed. manjula chellur, chief justice shaffique, judge vgs29.1.14
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE29H DAY OF JANUARY20149TH MAGHA, 1935 WP(C).No. 24436 of 2013 (D) ---------------------------- PETITIONERS : ----------------------- 1. ASYA W/O.ISMAIL, CHALILAKATH HOUSE, KAKKAD PO MALAPPURAM DISTRICT.

2. NOUFAL S/O.ASYA, CHALILAKATH HOUSE, KAKKAD PO MALAPPURAM DISTRICT.

3. SHAMA W/O.NOUFAL, CHALILAKATH HOUSE, KAKKAD PO MALAPPURAM DISTRICT. BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S) : ---------------------------- 1. THE DISTRICT POLICE CHIEF MALAPPURAM, PIN676505 2. THE SUB INSPECTOR OF POLICE THIRURANGADI POLICE STATION, MALAPPURAM DISTRICT PIN676306 3. FATHIMA SUHARA D/O.KALLAYI HAMZA, ARIPPOL, MANZIL PUTHOOR PO, KOTTAKKAL, MALAPPURAM DISTRICT PIN676503.

4. SIDDIQUE S/O.KALLAYI HAMZA, ARIPPOL MANZIL PUTHOOR PO, KOTTAKKAL, MALAPPURAM DISTRICT PIN676503. R1 & R2 BY SPL. GOVT. PLEADER SRI. SUJITH MATHEW JOSE R3 BY ADVS. SRI.PHILIP J.

VETTICKATTU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2901-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 24436 of 2013 (D) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS : ------------------------------------- EXHIBIT P1 COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PARTIES DATED2012/2012. EXHIBIT P2 COPY OF THE FIR IN CRIME NO.341/2013 OF THE THIRURANGADI POLICE STATION ALONG WITH THE COMPLAINT DATED55/2013. EXHIBIT P3 COPY OF THE JOINT SATATEMENT FILED IN OP NO.622/2013 BEFORE THE FAMILY COURT, MALAPPURAM DATED58/2013. EXHIBIT P4 COPY OF THE FIR AND FIS INCRIME NO.894/2013 OF THIRURANGADI POLICE STATION DT. 10/9/2013. EXHIBIT P5 COPY OF THE WOUND CERTIFICATE ISSUED FROM THE TALUK HEAD QUARTERS HOSPITAL, TIRURANGADI DATED99/2013 ISSUED TO THE FIRST PETITIONER RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------ //TRUE COPY// P.S. TO JUDGE Mn MANJULA CHELLUR, C.J & SHAFFIQUE, J.

---------------------------------------------- W.P(C).No. 24436 of 2013 ---------------------------------------------- Dated this the 29th January, 2014 JUDGMENT

Shaffique, J.

The petitioners have approached this Court seeking police protection. The first petitioner is the mother of the second petitioner and the third petitioner is the second wife of the second petitioner. The third respondent was the former wife of the second petitioner. Fourth respondent is the brother of the third respondent. There is a matrimonial dispute between the second petitioner and the third respondent. The third respondent has already filed a complaint against the second petitioner alleging offences punishable under Sections 323, 354, 506(1) read with 34 IPC. Apparently, there is a case and counter case between the parties. It is complained that the petitioners are getting threatening calls from the party respondents and they were intimidated and that they will not permit the petitioners to live peacefully.

2. Counter affidavit has been filed by the third respondent inter alia stating that the first petitioner and second petitioner's eldest brother have physically assaulted and harassed the third respondent, when the child was admitted in the hospital for food poison. She has also denied the averments raised in the Writ Petition. WP(C).No.24436/13 2 3. Having regard to the aforesaid factual situation, apparently, there is a matrimonial dispute between the parties. Both sides have case and counter case. If at all there is any crime committed including threatening calls, it is always open to the petitioners to approach the police and the police shall do the needful in accordance with the procedure. For that reason, police protection as sought for is not required to be passed. In the light of above observation, we do not find any reason to issue any direction as sought for. Accordingly the Writ Petition is dismissed. MANJULA CHELLUR, CHIEF JUSTICE SHAFFIQUE, JUDGE vgs29.1.14