Kerala High Court
Shoba Kumar vs The Deputy Superintendent Of ... on 7 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(Crl.).No.325 OF 2020
PETITIONER/S:
SHOBA KUMAR,
AGED 51 YEARS,
S/O.SREEDHARAN, REVATHY NIVAS, PONNEZHA, THEKKEKARA
VILLAGE, MAVELIKKARA, ALAPPUZHA DISTRICT.
BY ADV. SRI.K.R.SUNIL
RESPONDENT/S:
1 THE DEPUTY SUPERINTENDENT OF POLICE,
CHENGANNUR - 689 121.
2 THE CIRCLE INSPECTOR OF POLICE,
KURATHIKADU POLICE STATION, KURATHIKAD - 690 107.
3 THE SUB INSPECTOR OF POLICE,
KURATHIKADU POLICE STATION, KURATHIKAD - 690 107.
4 SOMAN, AGED 55 YEARS, FATHERS NAME NOT KNOWN, SOBU
NIVAS, PONNEZHA, THEKKEKARA VILLAGE, MAVELIKKARA,
ALAPPUZHA DISTRICT, PIN-690 107.
5 ADDL. R5. THE SUPERINTENDENT,
DISTRICT HOSPITAL, MAVELIKKARA.
**ADDL. R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED
04/01/2021 IN
WP(CRL).325/2020.
R1-3 BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.325 OF 2020
2
JUDGMENT
Dated this the 7th day of January 2021
K.VINOD CHANDRAN, J.
The writ petition was filed alleging that the
employee of the petitioner has been restrained illegally
and physically assaulted by the 4th respondent, who is her
husband. On 29.12.2020, when the matter came up, a
Division Bench directed an enquiry through a woman police
officer. On 04.01.2021, when the matter came up, we were
told by the learned Counsel that the detenue has been
hospitalized and is now residing with a friend. It was
also submitted that, the version of the police that she
fell down and injured herself is not correct and there
was definite assault by her husband. The learned Counsel
also submitted before us that she will be present in
court if required. We hence by order dated 04.01.2020,
directed her presence and also directed the 3 rd respondent
to file a statement specifically answering the
allegations in paragraphs 3 and 4 of the writ petition.
We also directed suo motu impleadment of the
WP(Crl.).No.325 OF 2020
Superintndent Of District Hospital, Mavelikkara, where
she was treated.
2. Today, a report of the Station House Officer,
Kurathikad Police Station, has been filed along with a
memo. The police alleged that the petitioner and the
detenue had an illicit affair and while they were trying
to elope, she fell down and injured herself. From the
appearance of the petitioner and the difficulty she faced
in walking, we are of the opinion that the injuries were
not caused by a mere fall. We also notice the 'accident
register-cum-wound certificate' produced along with the
report which indicates the 'history and alleged cause of
injury' to be 'assault by husband'. The petitioner is
said to have been brought to the hospital by her own son.
We are surprised that the S.H.O. has sought to file a
report in the manner in which it is done. Atleast the
wound certificate should have been perused before making
such preposterous submissions before Court. We also
interacted with the detenue who categorically states that
she was assaulted but however is not ready to proceed
with a complaint against her husband. She just wants to
WP(Crl.).No.325 OF 2020
live peacefully and separated from her husband. We leave
the detenue to either file a complaint or initiate other
proceedings before the appropriate forum. We also direct
that, in the event of any complaint being raised by the
detenue of harassment or assault by the husband or
children, the police shall immediately take cognizance of
the same and avert commission of any such act.
We dispose of the writ petition with above
directions.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
M.R.ANITHA
JUDGE
uu
07.01.2021
WP(Crl.).No.325 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT ON
28/12/2020.
