Nazar Vs. the S.i of Police, Varkkala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1137026
CourtKerala High Court
Decided OnApr-02-2014
JudgeHON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
AppellantNazar
RespondentThe S.i of Police, Varkkala
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, the2d day of april201412th chaithra, 1936 wp(c).no. 9731 of 2014 (n) --------------------------- petitioner(s): ---------------------- nazer, s/o. abdulla, aged53years, said manzil, akkaravila, chilakkoor desom, vettoor village, varkkala taluk, thiruvananthapuram district. by adv. sri.alexander george. respondent(s): ---------------------------- 1. the sub inspector of police, varkkala, varkala, thiruvananthapuram district-695 141.2. youseph, s/o. yakkoob, thavackal house, chilakkoor desom, varkkala village, thiruvananthapuram district-695 141.3. ayoob, s/o.yakkoob, thavackal house, chilakkoor desom, varkkala village, thiruvananthapuram district-695 141. r1 by sri.p.vijayaraghavan, state attorney. this writ petition (civil) having come up for admission on0204-2014, the court on the same day delivered the following: rs. wp(c).no. 9731 of 2014 (n) appendix petitioner's exhibits:- p1. the true copy of the first information report of crime no. 232/14 of varkkala police. p2. true copy of the english translation of fir contents stated in coloum no. 12 in ext.p1. p3. the true copy of the first information report of crime no. 342/14 of varkkala police. p4. true copy of the english translation of fir contents stated in coloum no. 12 in ext.p3. p5. the true copy of the complaint filed by the petitioner on2503-2014 before the first respondent. p6. a true copy of the english translation of ext.p3 complaint. respondent's exhibits:- nil. //true copy// p.s.to judge rs. manjula chellur, c.j.& a.m. shaffique, j.- - - - - - - - - - - - - - - - - - - - - - - - - - - - w.p.(c) no. 9731 of2014- - - - - - - - - - - - - - - - - - - - - - - - - - - - dated this the 2nd day of april, 2014 judgment shaffique, j.petitioner has approached this court seeking police protection. according to him, the party respondents were partners in a business conducted by the petitioner in sharjah. party respondents were involved in certain financial transaction causing loss to the petitioner and they have come back to india. when the petitioner had come to india, party respondents have started committing several crimes against the petitioner including trespass into his house and he was also attacked. crime has been registered against party respondent. but still the threatening and attacking is continuing and therefore he has approached this court.2. it is also submitted by learned counsel for the petitioner that petitioner has come to india to arrange the marriage of his daughter and during this time if he is attacked, he will be put to serious hardship.3. learned state attorney on instructions would submit that there were financial transactions between the wp(c) no. 9731 of 2014 -:2:- petitioner and party respondents and they are at logger heads. crimes had been registered against the petitioner as well as the party respondents and as matters stand now, there is no law and order situation. in such situation, we do not think that a direction as sought for is required to be passed in this case. however, we make it clear that if any further complaint is received from the petitioner, police shall make necessary enquiry and do the needful to ensure maintenance of law and order situation. manjula chellur, chief justice. a.m. shaffique, judge. ttb/02/04 wp(c) no. 9731 of 2014 -:3:-
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, THE2D DAY OF APRIL201412TH CHAITHRA, 1936 WP(C).No. 9731 of 2014 (N) --------------------------- PETITIONER(S): ---------------------- NAZER, S/O. ABDULLA, AGED53YEARS, SAID MANZIL, AKKARAVILA, CHILAKKOOR DESOM, VETTOOR VILLAGE, VARKKALA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE. RESPONDENT(S): ---------------------------- 1. THE SUB INSPECTOR OF POLICE, VARKKALA, VARKALA, THIRUVANANTHAPURAM DISTRICT-695 141.

2. YOUSEPH, S/O. YAKKOOB, THAVACKAL HOUSE, CHILAKKOOR DESOM, VARKKALA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 141.

3. AYOOB, S/O.YAKKOOB, THAVACKAL HOUSE, CHILAKKOOR DESOM, VARKKALA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 141. R1 BY SRI.P.VIJAYARAGHAVAN, STATE ATTORNEY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0204-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 9731 of 2014 (N) APPENDIX PETITIONER'S EXHIBITS:- P1. THE TRUE COPY OF THE FIRST INFORMATION REPORT OF CRIME NO. 232/14 OF VARKKALA POLICE. P2. TRUE COPY OF THE ENGLISH TRANSLATION OF FIR CONTENTS STATED IN COLOUM NO. 12 IN EXT.P1. P3. THE TRUE COPY OF THE FIRST INFORMATION REPORT OF CRIME NO. 342/14 OF VARKKALA POLICE. P4. TRUE COPY OF THE ENGLISH TRANSLATION OF FIR CONTENTS STATED IN COLOUM NO. 12 IN EXT.P3. P5. THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER ON2503-2014 BEFORE THE FIRST RESPONDENT. P6. A TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P3 COMPLAINT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S.TO JUDGE rs. Manjula Chellur, C.J.

& A.M. Shaffique, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 9731 OF2014- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of April, 2014 JUDGMENT

Shaffique, J.

Petitioner has approached this Court seeking police protection. According to him, the party respondents were partners in a business conducted by the petitioner in Sharjah. Party respondents were involved in certain financial transaction causing loss to the petitioner and they have come back to India. When the petitioner had come to India, party respondents have started committing several crimes against the petitioner including trespass into his house and he was also attacked. Crime has been registered against party respondent. But still the threatening and attacking is continuing and therefore he has approached this Court.

2. It is also submitted by learned counsel for the petitioner that petitioner has come to India to arrange the marriage of his daughter and during this time if he is attacked, he will be put to serious hardship.

3. Learned State Attorney on instructions would submit that there were financial transactions between the WP(C) No. 9731 of 2014 -:2:- petitioner and party respondents and they are at logger heads. Crimes had been registered against the petitioner as well as the party respondents and as matters stand now, there is no law and order situation. In such situation, we do not think that a direction as sought for is required to be passed in this case. However, we make it clear that if any further complaint is received from the petitioner, Police shall make necessary enquiry and do the needful to ensure maintenance of law and order situation. Manjula Chellur, Chief Justice. A.M. Shaffique, Judge. ttb/02/04 WP(C) No. 9731 of 2014 -:3:-