Citation : 2021 Latest Caselaw 13267 Ker
Judgement Date : 24 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
WP(C) NO. 27013 OF 2019
PETITIONER:
SHAHANA K.V.
AGED 26 YEARS
D/O.BAVA K.V. @ KUNJAOUTHAL, KADAVIL VALAPPIL HOUSE,
DUBAIPPADI, AYILAKKAD P.O, EDAPPAL VIA, 679576.
BY ADVS.
SHOBY K.FRANCIS
AGI SHOBY
RESPONDENTS:
1 DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, MALAPPURAM,
676505.
2 CIRCLE INSPECTOR OF POLICE/STATION HOUSE OFFICER, ,
CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM P.O,
MALAPPURAM DISTRICT, 678585.
3 SUB-INSPECTOR OF POLICE,
CHANGARAMKULAM POLICE STATION, CHANGARAMKULAM PO,
MALAPPURAM DISTRICT-679585.
4 MUHAMMED ALI V.,
AGED 33 YEARS
S/O.MOIDU, VALIYAKATH HOUSE, AYILAKKAD P.O, EDAPPAL
VIA, MALAPPURAM DISTRICT-679576.
5 MOIDU,
AGED 60 YEARS
VALIYAKATH HOUSE, AYILAKKAD P.O, EDAPPAL VIA,
MALAPPURAM DISTRICT-679576.
6 SHOUKATH ALI,
AGED 33 YEARS
S/O.MOIDU, VALIYAKATH HOUSE, AYILAKKAD P.O, EDAPPAL
VIA, MALAPPURAM DISTRICT-679576.
BY ADVS.
SRI.JAMSHEED HAFIZ
SMT.T.S.SREEKUTTY
N.B.SUNILNATH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.27013/2019
2
JUDGMENT
Dated this the 24th day of June 2021
This Writ Petition is filed with the following
prayers:
"(i). Issue a Writ of mandamus directing the respondents 1 to 3 to provide adequate, sufficient and effective police protection to the life of the petitioner, her 3 years old son Muiz and her mother Khadeeja to protect their life without any kind of attack, kidnap, threat, trespass, harassment, cruelty, disturbances etc.. from the part of the respondents 4 to 6 and their men.
(ii). Issue a Writ of mandamus directing the respondents 1 to 3 to take appropriate legal action on the basis of the Exhibit P-3 complaint submitted by the petitioner forthwith.
(iii) Issue a writ of mandamus directing the respondents 1 to 3 to follow up proper investigation of the Exhibit P-1 and P-2 and do all possible efforts to arrest the accused persons arrayed in the Exhibit P-2 FIR.
(iv) Issue such other relief as this Hon'ble Court may think deem fit and award cost of this Petition to the petitioners."
2. When this Writ petition came up for
consideration on 14.10.2019, this Court passed an W.P.(C)No.27013/2019
interim order, which reads as follows:
"Government Pleader takes notice for respondents 1 to 3. Issue notice by speed post to respondents 4 to 6.
Post immediately after completion of service.
Pending disposal of the writ petition, if any complaint is received from the petitioner, the third respondent shall look into the same and take appropriate action thereon."
3. The learned counsel appearing for the
petitioner submitted that, now there is no law and
order problem and he is withdrawing the Writ
Petition with liberty to file it again, if
necessary.
Therefore, this Writ Petition is dismissed as
withdrawn with liberty to file it again, if
necessary.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM W.P.(C)No.27013/2019
APPENDIX OF WP(C) 27013/2019
PETITIONER'S ANNEXURE
EXHIBIT P1 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER DATED 17.9.2019.
EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME NO.352/2019 OF CHANGARAMKULAM POLICE STATION DATED 17.9.2019. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 27.09.2019 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.
//TRUE COPY//
PA TO JUDGE
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