Ashamol Kuriakose vs State Of Kerala
2021 Latest Caselaw 13238 Ker

WP(C) NO. 27322 OF 2020          1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                    WP(C) NO. 27322 OF 2020
PETITIONER:

           ASHAMOL KURIAKOSE
           AGED 30 YEARS
           D/O. KURIAKOSE, MANAYAKKUDIYIL HOUSE, KOOMBANPARA,
           ADIMALY, PRESENTLY RESIDING AT IB, LAKSHMI
           APARTMENTS AND HOMES, KAKKANAD P.O.,

           ERNKAULAM-682 030

           BY ADVS.
           SHAIJAN C.GEORGE
           SMT.ANJU TREESA GEORGE


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY GOVERNMENT SECRETARY,
           THIRUVANANTHAPURAM,PIN-695 001

    2      INSPECTOR OF POLICE,
           CHERANALLOOR POLICE STATION, CHERANALLOOR,
           ERNAKULAM,PIN-682 034

    3      DR.ADARSH RADHAKRISHNAN,
           AGED 34 YEARS
           S/O.LATE RADHAKRISHNAN NAIR.B., SREEDARSHANAM,
           PADAMUGAL-PALACHUVADU, KAKKANADU P.O., ERNAKULAM,
           PIN-682 030

    4      DR.BHAVVYA SURENDHRAN
           AGED 32 YEARS
           D/O. SURENDRAN, SADGAMAYA HOUSE, EDAPPALLY NORTH,
           NEAR AMRUTHA HOSPITAL, ERNAKULAM,PIN-682 024


           R3 BY ADVS.SRI.JOHNSON ABRAHAM
                      SRI.NELSON ABRAHAM
 WP(C) NO. 27322 OF 2020            2



             R4 SRI.M.J.SANTHOSH



             SRI PP THAJUDEEN, GOVERNMENT PLEADER


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 27322 OF 2020               3



                                 JUDGMENT

The petitioner has approached this Court complaining that she is being

subjected to harassment by the 2nd respondent on the strength of a

complaint lodged by the 4th respondent. The relief sought for in this petition

is as follows:

(i) to direct the 1st and 2nd respondents not to harass the petitioner on any frivolous complaint filed by the 3rd and 4th respondents.

2. I have heard Sri.Shaijan C.George, the learned counsel

appearing for the petitioner, Sri.Nelson Abraham, the learned counsel

appearing for the 3rd respondent and Sri.M.J.Santhosh, the learned counsel

appearing for the 4th respondent.

3. The learned Government Pleader on instructions submitted that

a complaint was lodged by the 4th respondent, who is a friend of the 3rd

respondent that the petitioner was spreading misinformation about her. A

civil police officer was deputed to contact the petitioner and enquire into the

allegations. The civil police officer contacted the petitioner on her mobile

phone to ascertain her convenience. It was at that juncture that the

petitioner rushed to this Court with this writ petition. It is submitted by the

learned Government Pleader that the allegation of harassment raised against

respondents 1 and 2 have no basis.

4. Having considered the submissions, it appears that the petitioner

and the 3rd respondent were in a live-in-relationship. In course of time,

their relationship became strained and they are at loggerheads now. The 4th

respondent is a friend of the 3rd respondent. The 3rd respondent lodged a

complaint before the Police that the petitioner herein spread some canards

against her to the immediate neighbours. It appears that the petitioner was

called over the phone by a civil police officer to enquire into the complaint.

There is no case for the petitioner that she had occasion to meet the 2nd

respondent or that she was questioned. The learned Government pleader has

undertaken that the officer shall proceed only in accordance with law and

shall not unnecessarily harass the petitioner. This submission is recorded. Of

course, if a cognizable offence or an offence warranting investigation is

disclosed, the police will have to act strictly in terms of the provisions of the

Code.

This writ petition is disposed of with the above directions.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 27322/2020

PETITIONER'S EXHIBITS:

EXHIBIT P1          A TRUE COPY OF THE PETITION IN OP
                    NO.1423/2020 PENDING BEFORE THE FAMILY
                    COURT, ERNAKULAM

EXHIBIT P2          A TRUE COPY OF THE COUNTER AFFIDAVIT
                    FILED BY THE PETITIONER IN OP
                    NO.1423/2020

RESPONDENTS' EXHIBITS:

                    NIL