Citation : 2021 Latest Caselaw 23950 Ker
Judgement Date : 13 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
WP(C) NO. 19428 OF 2021
PETITIONER/S:
MARY UJIN,
AGED 46 YEARS
W/O. UIJIN, KULLAPURA HOUSE, PUTHIYATHURA PULLUVILLA P.O.
THIRUVANANTHAPURAM 695 526.
BY ADVS.
M.R.SARIN
AJI S.
RESPONDENT/S:
1 DIRECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 010.
2 DEPUTY OF SUPERINTENDENT OF POLICE,
NEYYATTINKKARA POLICE STATION, THIRUVANANTHAPURAM 695 121.
3 THE STATION HOUSE OFFICER
KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM 695 524.
4 SUB INSPECTOR OF POLICE,
KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM 695 524.
5 JOHNNY ABRAHAM,
S/O. ABRAHAM, NEDIAVILAKAM PURAYEDAM, PUTHIYATHURA P.O.,
THIRUVANANTHAPURAM 695 526.
6 ELIZABETH,
W/O. ABRAHAM,
NEDIAVILAKAM PURYEDAM, PUTHIYATHURA P.O.,
THIRUVANANTHAPURAM. 695 526.
7 ABRAHAM,
NEDIAVILAKAM PURYEDAM, PUTHIYATHURA P.O.
THIRUVANANTHAPURAM 695 526.
OTHER PRESENT:
PP SRI. M.C ASHI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.19428/2021 2
JUDGMENT
This writ petition has been filed by the petitioner, the
mother of the deceased, who died in a suspicious circumstance
on 25.07.2020.
2. According to the learned counsel for the petitioner, at
the time of marriage she was given Rs.3 lakhs of money and gold
ornaments worth Rs.2 lakhs as dowry to the 5 th respondent. But
inspite of the same, she had been continuously subjected to
physical and mental torture in demand of more dowry and on
24.07.2020 deceased came to the house of the petitioner and
disclosed the perpetual demand for dowry and harassment
meted out by the 5th respondent. It is also alleged that on
25.07.2020 deceased and younger child visited the house of the
petitioner at around 7 p.m and returned to the matrimonial
home, a rented house. The deceased also alleged to have asked
the petitioner to purchase a packet of milk for their use on the
immediate next day. But inspite of the same the petitioner
received a call about the unnatural incident on the same day and
thereafter a complaint was filed and crime was registered. Copy
of the FIR in crime No.1116/2020 is produced as Ext.P1.
Petitioner also filed complaint before the 4th respondent, copy of
which is produced as Ext.P2. ExtP3 is the copy of complaint filed
before the 2nd respondent - Deputy Superintendent of Police,
Neyyattinkara Police Station. But no action is seen taken on that.
Subsequently the petitioner filed Ext.P4 requesting to handover
the investigation of crime No.1116/2020 of Kanjiramkulam Police
Station to any other officer not below the rank of Deputy
Superintendent of Police. But no action has been taken so far.
3. When the case came up for admission, the learned
Government Pleader appearing for respondents 1 to 4 filed
statement of facts filed by the Inspector of Police,
Kanjiramkulam Police Station.
4. Having considered the facts of the case and in view of
the order which I am proposing to issue, issuance of notice to
respondent Nos. 5 to 6 is dispensed with.
5. Accordingly, the writ petition is disposed of directing
the 2nd respondent to dispose of Ext.P4 complaint, taking into
account the grievance raised by the petitioner, at the earliest,
within a period of six months from today.
Sd/-
M.R.ANITHA
shg JUDGE
APPENDIX OF WP(C) 19428/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO. 1116/2020 DATED
26.07.2020.
Exhibit P2 TRUE COPY OF THE COMPLAINT FILED TO SUB INSPECTOR OF
POLICE 4TH RESPONDENT ON 29/.07.2020.
Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER
TO THE DEPUTY SUPERINTENDENT 2ND RESPONDENT ON 08.09.2020.
Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE DIRECTOR GENERAL OF POLICE IST RESPONDENT ON 08.02.2021.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN WPC NO. 5657/2021 DATED 6/9/2201 OF THIS HONBLE HIGH COURT.
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