Abdul Basith J. vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1446533
CourtKerala High Court
Decided OnNov-30-2022
Case NumberWP(C)/3006/2022
JudgeHonourable Mrs. Justice Anu Sivaraman
AppellantAbdul Basith J.
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mrs. justice anu sivaraman wednesday, the 30th day of november 2022 / 9th agrahayana, 1944 petitioner: abdul basith j. aged 25 years s/o. jamaluddeen, pallithadathil, mynagappally south, kadappa, mynagappally p. o., kollam district, pin - 690519. by adv abdul salim m. respondents:1 state of kerala represented by the home secretary, government of kerala, government secretariat, thiruvananthapuram, pin - 695 001. 2 district police chief office of the district police chief, kollam rural, kottarakkara, pin - 690 521. 3 station house officer sasthamcotta police station, sasthamcotta p. o., kollam district, pin - 690 521. 4 ahammed kunju aged 69 years s/o.mohammed kunju, kottakkakath house, kattanam, elippakulam p. o., alappuzha district, pin - 690 503. 5 jasiya a. aged 32 years d/o. ahammed kunju, kottakkakath house, kattanam, elippakulam p. o., alappuzha district, pin - 690 503. george varghese(perumpallikuttiyil) a.r.dileep manu srinath sherin edison nimesh thomas t.k.shahjahan, sr.gp this writ petition (civil) having come up for admission on30.11.2022, the court on the same day delivered the following:judgmentdated this the 30th day of november, 2022 this writ petition is filed seeking the following prayers:“(i) to issue a writ of mandamus or any other appropriate writ order or direction directing respondents 2 and 3 to grant sufficient and adequate police protection to the petitioner especially his parents and his members and workers to reside in the house from all threats and intimidation and physical assault from 4th respondents or any person and their men and associates.(ii) to issue a writ of mandamus or any other appropriate writ order or direction directing respondents 2 and 3”2. the contention in the writ petition is to the effect that thepetitioner, who is working as a madrassa teacher, is being harassed, assaulted and threatened by respondents 4 and 5 and that the complaints submitted in that regard have not been considered by the police.3. a counter affidavit has been placed on record by respondents 4and 5. it is submitted that the 5 th respondent is the wife of the petitioner and the 4th respondent is the father of the 5th respondent. it is submitted that the petitioner along with his mother had ill treated the 5 th respondent and ext.r4(a) is the final report in c.c. no.234/2022 which is filed before the judicial first class magistrate court, sasthamcotta in respect of offences under sections 498(a) and 323 read with section 34 of the indian penal code. it is submitted that the 5 th respondent had been seriously assaulted by the petitioner and exts.r4(b), r4(c) and r4(f) are the op tickets in respect of the incidents when the petitioner had brutally assaulted the 5th respondent. it is submitted that exts.r4(d), r4(h) and r4(j) are complaints made by the 5 th respondent before the police with regard to attacks against her by the petitioner. it is submitted that the 5th respondent had approached the magistrate under the provisions of the domestic violence act and that ext.p6 interim order had been passed by the magistrate. it is submitted that respondents 4 and 5 have never attempted to threaten or attack the petitioner and that it is clear from the materials produced that the petitioner is the assaulter and that the petitioner is not entitled for any police protection as sought for in the writ petition.4. the learned government pleader submits that there is admittedlya protection order issued against the petitioner by the competent court and that the said order is still in force. it is further submitted that the earlier complaints submitted by the 5th respondent had been settled by the parties and criminal cases were not registered. however, it is submitted that a criminal case is pending against the petitioner in the court of jurisdictional magistrate under section 498(a) read with sections 323 and 34 of the indian penal code.5. having considered the contentions advanced on all sides, i noticethat there is apparently a complaint with regard to an offence under section 498(a) of the indian penal code pending against the petitioner which has not been disclosed in the writ petition. the learned counsel appearing for respondents 4 and 5 submits that there is absolutely no intention on the part of respondents 4 and 5 to attack the petitioner in any manner or to endanger him. it is submitted that it is only as a counter to the cases pending against the petitioner that this writ petition is filed seeking police protection without any justification. having considered the contentions advanced, i am of the opinion that the petitioner is not entitled to police protection as sought for in the writ petition. leaving open the contentions of the parties to be decided in the proceedings pending between them, this writ petition is closed. sd/- anu sivaraman judge np appendix of wp(c) 3006/2022 petitioner’s exhibits exhibit p1 true copy of the op ticket dated 16.08.2021 showing the treatment details. exhibit p2 true copy of notice of divorce dated 15.01.2019. exhibit p3 true copy of notice of divorce dated 15.01.2022served to the leaders of the community attached to chittumoola muslim jama-ath and elippakkulam muslim juma-ath along with true copies of complaint alleged against the respondent 4 and 5.exhibit p4 true copy of complaint dated 17.01.2022 filed before respondent 2 district police chief, kollam rural. exhibit p5 true copy of complaint dated 17.01.2022 filed before respondent 3 sho sasthamcotta. exhibit p6 interim order no.cmp 47/2022 in mc 5/2022 dated 22.01.2022 issued by the judicial first class magistrate court, sasthamcotta. respondents’ exhibits exhibit r4a a true copy of final report in cc 234/2022 before the judicial first class magistrate court, sasthamcotta. exhibit r4b a true copy of op ticket dated 24.3.2021 exhibit r4c a true copy of complaint dated 23.3.2021 filed by the 5th respondent against the petitioner and his mother before the sasthamcotta police station. exhibit r4d a true copy of complaint dated 23.3.2021 filed by the 5th respondent against the petitioner and his mother before the sasthamcotta police station. exhibit r4e a true copy of acknowledgment receipt dated 23.3.2021 exhibit r4f a true copy of op ticket dated 16.8.2021 exhibit r4g a true copy of wound certificate dated 16.8.2021 exhibit r4h a true copy of complaint dated 17.8.2021 before the vallikkunnam police station. exhibit r4 i a true copy of acknowledgment receipt dated 30.8.2021 exhibit r4j a true copy of petition dated 15.9.2022 filed before the superintendent of police,alappuzha.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022 / 9TH AGRAHAYANA, 1944 PETITIONER: ABDUL BASITH J. AGED 25 YEARS S/O. JAMALUDDEEN, PALLITHADATHIL, MYNAGAPPALLY SOUTH, KADAPPA, MYNAGAPPALLY P. O., KOLLAM DISTRICT, PIN - 690519. BY ADV ABDUL SALIM M. RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2 DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, KOLLAM RURAL, KOTTARAKKARA, PIN - 690 521. 3 STATION HOUSE OFFICER SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA P. O., KOLLAM DISTRICT, PIN - 690 521. 4 AHAMMED KUNJU AGED 69 YEARS S/O.MOHAMMED KUNJU, KOTTAKKAKATH HOUSE, KATTANAM, ELIPPAKULAM P. O., ALAPPUZHA DISTRICT, PIN - 690 503. 5 JASIYA A. AGED 32 YEARS D/O. AHAMMED KUNJU, KOTTAKKAKATH HOUSE, KATTANAM, ELIPPAKULAM P. O., ALAPPUZHA DISTRICT, PIN - 690 503. GEORGE VARGHESE(PERUMPALLIKUTTIYIL) A.R.DILEEP MANU SRINATH SHERIN EDISON NIMESH THOMAS T.K.SHAHJAHAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

30.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 30th day of November, 2022 This writ petition is filed seeking the following prayers:

“(i) To issue a writ of mandamus or any other appropriate writ order or direction directing respondents 2 and 3 to grant sufficient and adequate police protection to the petitioner especially his parents and his members and workers to reside in the house from all threats and intimidation and physical assault from 4th respondents or any person and their men and associates.

(ii) To issue a writ of mandamus or any other appropriate writ order or direction directing respondents 2 and 3”

2. The contention in the writ petition is to the effect that the

petitioner, who is working as a Madrassa Teacher, is being harassed, assaulted and threatened by respondents 4 and 5 and that the complaints submitted in that regard have not been considered by the police.

3. A counter affidavit has been placed on record by respondents 4

and 5. It is submitted that the 5 th respondent is the wife of the petitioner and the 4th respondent is the father of the 5th respondent. It is submitted that the petitioner along with his mother had ill treated the 5 th respondent and Ext.R4(a) is the final report in C.C. No.234/2022 which is filed before the Judicial First Class Magistrate Court, Sasthamcotta in respect of offences under Sections 498(A) and 323 read with Section 34 of the Indian Penal Code. It is submitted that the 5 th respondent had been seriously assaulted by the petitioner and Exts.R4(b), R4(c) and R4(f) are the OP tickets in respect of the incidents when the petitioner had brutally assaulted the 5th respondent. It is submitted that Exts.R4(d), R4(h) and R4(j) are complaints made by the 5 th respondent before the police with regard to attacks against her by the petitioner. It is submitted that the 5th respondent had approached the Magistrate under the provisions of the Domestic Violence Act and that Ext.P6 interim order had been passed by the Magistrate. It is submitted that respondents 4 and 5 have never attempted to threaten or attack the petitioner and that it is clear from the materials produced that the petitioner is the assaulter and that the petitioner is not entitled for any police protection as sought for in the writ petition.

4. The learned Government Pleader submits that there is admittedly

a protection order issued against the petitioner by the competent court and that the said order is still in force. It is further submitted that the earlier complaints submitted by the 5th respondent had been settled by the parties and criminal cases were not registered. However, it is submitted that a criminal case is pending against the petitioner in the Court of Jurisdictional Magistrate under Section 498(A) read with Sections 323 and 34 of the Indian Penal Code.

5. Having considered the contentions advanced on all sides, I notice

that there is apparently a complaint with regard to an offence under Section 498(A) of the Indian Penal Code pending against the petitioner which has not been disclosed in the writ petition. The learned counsel appearing for respondents 4 and 5 submits that there is absolutely no intention on the part of respondents 4 and 5 to attack the petitioner in any manner or to endanger him. It is submitted that it is only as a counter to the cases pending against the petitioner that this writ petition is filed seeking police protection without any justification. Having considered the contentions advanced, I am of the opinion that the petitioner is not entitled to police protection as sought for in the writ petition. Leaving open the contentions of the parties to be decided in the proceedings pending between them, this writ petition is closed. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 3006/2022 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE OP TICKET DATED 16.08.2021 SHOWING THE TREATMENT DETAILS. Exhibit P2 TRUE COPY OF NOTICE OF DIVORCE DATED 15.01.2019. Exhibit P3 TRUE COPY OF NOTICE OF DIVORCE DATED 15.01.2022

SERVED TO THE LEADERS OF THE COMMUNITY ATTACHED TO CHITTUMOOLA MUSLIM JAMA-ATH AND ELIPPAKKULAM MUSLIM JUMA-ATH ALONG WITH TRUE COPIES OF COMPLAINT ALLEGED AGAINST THE RESPONDENT 4 AND 5.

Exhibit P4 TRUE COPY OF COMPLAINT DATED 17.01.2022 FILED BEFORE RESPONDENT 2 DISTRICT POLICE CHIEF, KOLLAM RURAL. Exhibit P5 TRUE COPY OF COMPLAINT DATED 17.01.2022 FILED BEFORE RESPONDENT 3 SHO SASTHAMCOTTA. Exhibit P6 INTERIM ORDER NO.CMP 47/2022 IN MC 5/2022 DATED 22.01.2022 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA. RESPONDENTS’ EXHIBITS Exhibit R4A A TRUE COPY OF FINAL REPORT IN CC 234/2022 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA. Exhibit R4B A TRUE COPY OF OP TICKET DATED 24.3.2021 Exhibit R4C A TRUE COPY OF COMPLAINT DATED 23.3.2021 FILED BY THE 5TH RESPONDENT AGAINST THE PETITIONER AND HIS MOTHER BEFORE THE SASTHAMCOTTA POLICE STATION. Exhibit R4D A TRUE COPY OF COMPLAINT DATED 23.3.2021 FILED BY THE 5TH RESPONDENT AGAINST THE PETITIONER AND HIS MOTHER BEFORE THE SASTHAMCOTTA POLICE STATION. Exhibit R4E A TRUE COPY OF ACKNOWLEDGMENT RECEIPT DATED 23.3.2021 Exhibit R4F A TRUE COPY OF OP TICKET DATED 16.8.2021 Exhibit R4G A TRUE COPY OF WOUND CERTIFICATE DATED 16.8.2021 Exhibit R4H A TRUE COPY OF COMPLAINT DATED 17.8.2021 BEFORE THE VALLIKKUNNAM POLICE STATION. Exhibit R4 I A TRUE COPY OF ACKNOWLEDGMENT RECEIPT DATED 30.8.2021 Exhibit R4J A TRUE COPY OF PETITION DATED 15.9.2022 FILED BEFORE THE SUPERINTENDENT OF POLICE,ALAPPUZHA.