Akhil Raj vs Superintendent Of Police
2021 Latest Caselaw 16462 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                     WP(C) NO. 18769 OF 2020
PETITIONER:

            AKHIL RAJ
            AGED 31 YEARS
            S/O.RAJENDRAN, AKHIL NIVAS, MOOZHIKODE, KOTTATHALA
            WEST, PUTHUR VILLAGE, KOTTARAKARA, KOLLAM
            DISTRICT.
            BY ADV H.PRAVEEN (KOTTARAKARA)

RESPONDENTS:

    1       SUPERINTENDENT OF POLICE
            DISTRICT POLICE HEAD QUARTERS, KOLLAM RURAL,
            KOTTARAKARA, KOLLAM-691506.
    2       THE STATION HOUSE OFFICER,
            KOTTARAKARA POLICE STATION, KOTTARAKARA P.O.,
            KOLLAM DISTRICT-691506.
    3       SUB-INSPECTOR OF POLICE,
            KOTTARAKARA POLICE STATION, KOTTARAKARA P.O.,
            KOLLAM DISTRICT-691506.
    4       AISWARYA S.ASHOKAN,
            AGED 24 YEARS
            D/O.ASHOKAN, AKSHARA, PUTHUSSERILKONAM, IDAKKODU,
            EZHUKONE P.O., KOTTARAKARA-691505.
    5       SHALIJA,
            AGED 56 YEARS
            W/O.ASHOKAN, AKSHARA, PUTHUSSERILKONAM, IDAKKODU,
            EZHUKONE P.O., KOTTARAKARA-691505.
            BY ADVS.
            GOVERNMENT PLEADER
            SRI.G.RENJITH

OTHER PRESENT:

            SMT.REKHA.C.NAIR, SR.GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME   UP    FOR
ADMISSION     ON   05.08.2021,    THE     COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.18769/2020

                                       2




                     P.V.KUNHIKRISHNAN, J.
                       -------------------------------
                     W.P.(C).No.18769 of 2020
               ----------------------------------------------
             Dated this the 05th day of August, 2021


                               JUDGMENT

This writ petition is filed with following prayers:

i. To issue a Writ of mandamus or any other appropriate Writ or order or direction directing the Respondents 1 to 3 not to harass the Petitioner or his parents in any manner or to compel them to return the scooter bearing Registration No. KI 24- H-6942 to the 4th Respondent or to interfere with the matrimonial disputes between the petitioner and the 4th Respondent.

ii. To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.

2. When this writ petition came up for consideration

before this Court on 08.02.2021, this Court passed the

following order:

"The 1st respondent Superintendent of Police, Kollam Rural, to file counter affidavit. W.P.(C).No.18769/2020

Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, there will be an interim order directing the 1st respondent to take necessary steps to ensure that there is no harassment whatsoever, from the side of the 3 rd respondent or his subordinates on the petitioner and his family members."

3. Today, when this writ petition came up for

consideration, the counsel for the petitioner submitted that in

the light of the interim order, this writ petition can be

disposed. The counsel submitted that after the interim order,

there is no police harassment. The Government Pleader

submitted that the allegations in the writ petition are

absolutely incorrect. There is no police harassment as alleged.

The Government Pleader submitted that respondents 4 and 5

are the wife and mother in law of the petitioner.

4. Admittedly there is some matrimonial dispute

between the petitioner and the 4 th respondent. The

Government Pleader already submitted that there is no police

harassment as alleged by the petitioner. But, I make it clear

that if any complaint is received against the petitioner from

the contesting respondents which make out any criminal W.P.(C).No.18769/2020

offence, the Police is free to register the case and investigate

the matter in accordance to law. But under the guise of

registration of the case, there cannot be any police

harassment.

Therefore this writ petition is disposed of, retaining the

interim order dated 08.02.2021, with a clarification that if any

complaint is received against the petitioner which make out

criminal offence, the Police is free to register and investigate

the case, in accordance to law.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.18769/2020

APPENDIX OF WP(C) 18769/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 02.04.2019 IN B.A.NO.1769/2019. EXHIBIT P2 TRUE COPY OF THE OP 1140/2019 ON THE FILE OF FAMILY COURT, KOTTARAKARA. EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE 4TH RESPONDENT BEFORE THE JFMC-I, KOTTARAKARA IN MC 9/2019.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 29.06.2020 IN CMP 2230/2020 IN MC 9/2019 ON THE FILES OF JFMC-I, KOTTARAKARA.

EXHIBIT P5 TRUE COPY OF THE CMP FILED IN CMP NO.2230/2020 IN MC 9/2019 DATED 12.08.2020 BEFORE THE JFMC-I, KOTTARAKARA.

EXHIBIT P6 TRUE COPY OF THE ADMIT CARD ISSUED TO THE MOTHER OF THE PETITIONER FROM REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM.

EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPHS EXHIBIT P8 TRUE COPY OF THE PHOTOGRAPHS EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE MOTHER OF HTE PETITIONER BEFORE JFMC-I, KOTTARAKARA EXHIBIT P10 TRUE COPY OF THE ORDER PASSED BY THE JFMC-I, KOTTARAKARA DATED 08.10.2020