Subaida Beevi A vs The Station House Officer
2021 Latest Caselaw 4513 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                      W.P.(C) No.28081 OF 2020(I)


PETITIONER:

               SUBAIDA BEEVI A.,
               AGED 51 YEARS, D/O. ILLIYAS,
               THADATHARIKATHU VEEDU,
               KOLLUVILA, THALIKKUZHI P.O,
               PULIMATH, THIRUVANANTHAPURAM-695 612.

               BY ADV. SMT.M.KABANI DINESH

RESPONDENT:

               THE STATION HOUSE OFFICER,
               PANGODE POLICE STATION,
               THIRUVANANTHAPURAM-695 609.

               SRI.SUNIL NATH N.B., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.28081 OF 2020(I)
                                 -2-


                              JUDGMENT

The petitioner, who is a widow earning livelihood as a manual

worker and rubber tapper, has filed this writ petition under Article

226 of the Constitution of India, seeking an order restraining the

respondent Station House Officer from calling the petitioner and

her son to the police station, without issuing notice specifying the

purpose and reason for such calling and without any copy of the

petition/complaint against them.

2. Going by the averments in the writ petition, the

petitioner is having two sons. The elder son is working as

Assistant Imam. The younger son is aged 20 years, who is

diagnosed with Hemorrhagic Contusion (L) Parietal Region in

2016, on account of a head injury sustained in an accident. On

09.12.2020, certain policemen from Pangode Police Station came

to the house of the petitioner where she is residing along with two

sons. The policemen enquired about her younger son and the

petitioner was informed that he is involved in an incident which

occurred in front of the retail outlet of the Kerala State Beverages

Corporation at Kallara. The petitioner made enquiry and she

learned that no crime has been registered against her younger W.P.(C) No.28081 OF 2020(I)

son. However, from 09.12.2020 onwards, everyday policemen

from Pangode Police Station is coming to the house of the

petitioner and threatening to bring her younger son to the Police

Station. Therefore, the petitioner has filed this writ petition before

this Court seeking the aforesaid reliefs.

3. Along with the memo filed by the learned Government

Pleader, the report of the respondent Station House Officer is

placed on record.

4. Heard the learned counsel for the petitioner and also

the learned Government Pleader appearing for the respondent.

5. From the statement filed by the respondent Station

House Officer, it is seen that no crime has been registered in

connection with the incident alleged to have happened on

09.12.2020, in front of the retail outlet of the Kerala State

Beverages Corporation at Kallara, since the inquiry revealed that

no such incident happened except verbal exchange. The 2 nd

respondent called both parties to the Police Station for

compromise and not threatened or harassed anyone.

Since no crime has been registered against the younger son

of the petitioner regarding the incident alleged to have happened W.P.(C) No.28081 OF 2020(I)

on 09.12.2020 in front of the retail outlet of the Kerala State

Beverages Corporation at Kallara, this writ petition is closed,

taking note of the stand taken by the respondent in the report

produced along with the memo filed by the learned Government

Pleader.

Sd/-

ANIL K. NARENDRAN JUDGE bpr W.P.(C) No.28081 OF 2020(I)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DISCHARGE SUMMARY DATED 24.11.2016 OF THE PETITIONERS YOUNGER SON.

EXHIBIT P2 TRUE COPY OF THE DISCHARGE SUMMARY DTD.

18.10.2018 OF THE PETITIONERS YOUNGER SON.

RESPONDENT'S EXHIBITS: NIL