Kerala High Court
Asha M.S vs The Station House Officer on 15 July, 2021
WP(C) NO. 34222 OF 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
WP(C) NO. 34222 OF 2019
PETITIONER/S:
ASHA M.S.,
AGED 33 YEARS
W/O SUNILKUMAR M.G., MUTTAPARAMBIL HOUSE, VEMBILLY KARA,
VEMBILLY P.O., ERNAKULAM DISTRICT, PIN - 683 565.
BY ADVS.
PRAMOJ ABRAHAM
SRI.K.A.ANISH
RESPONDENT/S:
1 THE STATION HOUSE OFFICER,
POLICKUNNATHUNADU POLICE STATION, PATTIMATTOM P.O., ERNAKULAM
DISTRICT, PIN - 683 562.
2 THE SUPERINTENDENT OF POLICE (RURAL),
ALUVA, ERNAKULAM DISTRICT, PIN - 683 101.
3 RAJEESH,
S/O NARAYANAN, MARIKUDIYIL HOUSE, VEMBILY KARA, VEMBILLY P.O.,
ERNAKULAM DISTRICT, PIN - 683 565.
4 NIMESH KUMAR,
MURIGENLIPARAMBIL HOUSE, VEMBILY KARA, VEMBILLY P.O., ERNAKULAM
DISTRICT, PIN - 683 565.
5 RENJITH RAVI,
BLACHIRA VEEDU, BLACHIRA COLONY, VEMBILY KARA, VEMBILLY P.O.,
ERNAKULAM DISTRICT, PIN - 683 565.
BY ADV SRI.PAUL K.VARGHESE
OTHER PRESENT:
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34222 OF 2019 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.34222 of 2019
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Dated this the 15th day of July, 2021
JUDGMENT
The above writ petition is filed with the following prayers :
"A. To call for the records and proceedings evidenced
herein by Exts.P1 to P6 and after scrutiny thereof to direct
the respondents 1 and 2 to afford sufficient and effective
Police Protection to the petitioner and her family members
against the criminal acts of respondents 3 to 5 and their
henchmen, by the issue of a writ of mandamus or any other
appropriate writ, order or direction.
B. To grant any other further or consequential reliefs,
including any interim reliefs, as may be prayed for and
deemed fit by this Hon'ble Court; and
C. To allow this Writ Petition with costs."
2. The grievance of the petitioner is that the 3 rd
respondent was a classmate of the petitioner in her school days.
When there was a school meeting of the old students after a long
time, she gave her phone number to the 3rd respondent.
Thereafter, the 3rd respondent was creating lot of problems to the
family life of the petitioner. In such situation, this writ petition
was filed.
3. When this writ petition came up for consideration on
19.12.2019, this Court passed the following order :
"Admit.
Government Pleader takes notice for respondents 1 and 2.
issue notice by special messenger to respondents 3 to 5.
Having regard to the peculiar facts and circumstances of the
case, I deem it appropriate to pass an interim order directing
the first respondent to ensure the safety of the petitioner."
4. Today, when the matter came up for consideration,
the Government Pleader submitted that there is no law and
order issue now and if there is any law and order issue, the
Police will do the needful.
In the light of the above submission, this writ petition can
be disposed, retaining the interim order in the following
manner :
1. If there is any threat from the contesting
respondents, the petitioner is free to approach the
Station House Officer concerned with a
representation.
2. If such a representation is received, the Station
House Officer will do the needful, in accordance to
law.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 34222/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 01-09-
2018 FILED BY THE FATHER OF THE PETITIONER
TO THE 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 237-09-
2018 FILED BY THE PETITIONER TO THE 1ST
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE FIR NO. 1179/2018.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 31-10-2019 I
ST NO. 164/2019 OF GRAM NYAYALAYA,
VADAVUCODE.
EXHIBIT P5 TRUE COPY OF THE F.I.R. NO. 923/2019.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 17-11-
2019 SUBMITTED TO THE 2ND RESPONDENT.
