Kerala High Court
Nafeesa vs Director General Of Police on 1 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 25121 OF 2019
PETITIONERS:
NAFEESA
AGED 49 YEARS
W/O.ALIYAR, KULANGARAKATH(H),
KOORACHUNDU, PIN-673527.
BY ADV N.K.MOHANLAL
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS, TRIVANDRUM, PIN-695004.
2 CITY POLICE COMMISSIONER,
KOZHIKODE, PIN-673004.
3 DEPUTY SUPERINTENDENT OF POLICE,
NADAPURAM, PIN-673504.
4 SUB-INSPECTOR OF POLICE,
KOORACHUNDU POLICE STATION, PIN-673527.
5 ANWAR SADATH,
AGED 38 YEARS, S/O.MOHAMMED, PERAYIL HOUSE, PUTHANANGADI,
ANGADIPURAM VIA, MALAPPURAM DISTRICT, PIN-679321.
BY ADVS.
SRI.P.SAMSUDIN
SRI.M.ANUROOP
SMT.S.K.SREELAKSHMY
SRI.N.B. SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, ALONG WITH WP(C).22147/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.25121/2019 & 22147/2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 22147 OF 2019
PETITIONER:
JOSE THOMAS
AGED 38 YEARS
S/O. THOMAS, FLAT NO.1,
DAMODAR APARTMENTS,
KUNNATHU LANE THRISSUR.
BY ADV V.VENUGOPALAN NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 THE DIRECTOR GENERAL OF POLICE,
(STATE POLICE CHIEF), POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM 695 001.
3 THE CITY POLICE COMMISSIONER
KOCHI CITY 682 031. ERNAKULAM.
4 THE ASSISTANT COMMISSIONER
OF POLICE, THRIKKAKARA 682 021.
ERNAKULAM.
5 THE CIRCLE INSPECTOR
(SHO OF POLICE),
THRIKKAKKARA POLICE STATION,
ERNAKULAM 682 021.
WP(C) Nos.25121/2019 & 22147/2019
3
6 THE DEPUTY COMMISSIONER OF POLICE,
LAW AND ORDER, KOCHI CITY, 682 031,
ERNAKULAM.
7 ANWAR SADATH,
AGED 38 YEARS
S/O. MOMOHAMMED, PERAYIL HOUSE,
PUTHENANGADI, MALAPPURAM DISTRICT 679 321.
BY ADVS.
SRI.P.SAMSUDIN
SRI.M.ANUROOP
SMT.S.K.SREELAKSHMY
SRI. MABLE C.KURIAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, ALONG WITH WP(C).25121/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.25121/2019 & 22147/2019
4
P.V.KUNHIKRISHNAN, J.
===================
WP(C) Nos.25121/2019 & 22147/2019
===================
Dated this the 1st day of July 2021
JUDGMENT
[WP(C) Nos.25121/2019 and 22147/2019]
These writ petitions are connected and therefore, I am
disposing these writ petitions by a common judgment.
2. These writ petitions were filed by the petitioners
apprehending threats from the party respondents. 7 th
respondent in WP(C) No. 22147 of 2019 and 5 th respondent
in WP(C) No. 25121 of 2019 are one and the same.
According to the petitioners, there is a threat to the life of
the petitioners from the contesting respondents.
3. When these writ petitions came up for
consideration, the learned counsel for the petitioner in both
WP(C) Nos.25121/2019 & 22147/2019
the cases submitted that, even now there is a threat to the
life of the petitioners from the contesting respondents.
4. The learned Government Pleader on instructions
submitted that, there is a criminal case pending against the
husband of the petitioner in WP(C) No. 25121 of 2019 and
the brother of the petitioner in WP(C) No. 22147 of 2019 as
crime No. 247/2019 in Perumthurai police station, Tamil
Nadu. The learned Government Pleader submitted that,
these writ petitions are filed to help the accused in the above
case. There is no threat to the petitioners as alleged in the
above writ petitions.
5. It is an admitted fact that, these writ petitions are
filed in 2019. There is no interim order passed in these writ
petitions at the time of admission or subsequently.
Therefore, it is clear that, there is no threat to the life of the
petitioner as alleged in the above writ petitions. But, I make
it clear that, if there is any threat to the petitioners from the
contesting respondents in future, the petitioners are free to
WP(C) Nos.25121/2019 & 22147/2019
approach the jurisdictional Station House Officer concerned.
If such a representation is received, the jurisdictional Station
House Officer concerned will do the needful. I make it clear
that, if there is any criminal offence committed by the
petitioners or their relatives, the police can proceed in
accordance to criminal procedure code and Police Act.
With these observations, these writ petitions are
closed.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) Nos.25121/2019 & 22147/2019
APPENDIX OF WP(C) 22147/2019
PETITIONER ANNEXURE
EXHIBIT P1 A TRUE COPY OF THE COMPLAINT DATED
7.9.19 SUBMITTED BY THE PETITIONER
BEFORE THE ACP, THRIKKAKKARA.
EXHIBIT P1 A TRUE COPY OF THE RECEIPT ISSUED BY THE
OFFICE OF THE 4TH RESPONDENT TOWARDS EXT
P-1 DATED 7.9.19.
WP(C) Nos.25121/2019 & 22147/2019
APPENDIX OF WP(C) 25121/2019
PETITIONER ANNEXURE
EXHIBIT P1 A TRUE COPY OF THE CAUSALITY OP TICKET
NO.42637 OF CHILD BY NAME SHEHA AFIN
DATED 5.7.2019 ISSUED FROM THE TALUK
HOSPITAL PERAMBRA.
EXHIBIT P1 A TRUE COPY OF THE CASUALITY OP TICKET
NO.42639 OF CHILD BY NAME MUHAMMED ABIR
DATED 5.7.2019 ISSUED FROM THE TALUK
HOSPITAL PERAMBRA.
EXHIBIT P1 A TRUE COPY OF THE CASUALITY OP TICKET
NO.42634 OF NAFEESA ALIYAR DATED
5.7.2019 ISSUED FROM THE TALUK HOSPITAL
PERAMBRA.
EXHIBIT P1 A TRUE COPY OF THE CASUALITY OP TICKET
NO.42635 OF ANSINA DATED 5.7.2019 ISSUED
FROM THE TALUK HOSPITAL PERAMBRA.
EXHIBIT P1 A TRUE COPY OF THE CASUALITY OP TICKET
NO.42636 OF CHILD BY NAME SONU SELVAN
DATED 5.7.2019 ISSUED FROM THE TALUK
HOSPITAL PERAMBRA.
EXHIBIT P2 A TRUE COPY OF THE COMPLAINT DATED
4.7.2019 ISSUED BY PETITIONER BEFORE SUB
INSPECTOR OF POLICE.
EXHIBIT P3 A TRUE COPY OF THE RECEIPT DATED
5.7.2019 ISSUED BY KORACHUNDU POLICE
STATION.
EXHIBIT P4 A TRUE COPY OF THE PETITION DATED
WP(C) Nos.25121/2019 & 22147/2019
29.8.2019 ISSUED BY PETITIONER BEFORE
DYSP, NADAPURAM.
EXHIBIT P5 A TRUE COPY OF THE RECEIPT DATED
31.8.2019 ISSUED BY NADAPURAM SDPO.
// True Copy //
PA to Judge
