Hemalatha K.P vs The State Of Kerala
2021 Latest Caselaw 22457 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                          WP(C) NO. 11230 OF 2021


PETITIONER:

              HEMALATHA K.P., AGED 56 YEARS
              W/O. GOPI.A, GIGINA NIVAS, VALLIVAYAL HOUSE,
              UDMA P.O., KASARAGOD DISTRICT,PIN-671 319

              BY ADV SHIBA M SAMUEL


RESPONDENTS:

     1        THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
              GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695 001
     2        STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION,
              KANNUR DISTRICT-670 010
     3        BINDU, AGED 45 YEARS, W/O.ARAVINDAN NAIR, ETTODI ROAD,
              UPPAYICHAL, AZHIKODE P.O., KANNUR DISTRICT-670 009


              SRI.E C.BINEESH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 11230/21
                                             2



                              JUDGMENT

The petitioner alleges that she has been harassed

unnecessarily by the 2nd respondent - Station House Officer, under

the influence of the 3rd respondent, who is her neighbour. She says

that when she was summoned to the Police Station, she was told

that the 3rd respondent has filed a complaint against her with

respect to her digging a pit for planting areca nut saplings; and that,

therefore, it is evident that no criminality can be imputed against her.

She, therefore, prays that the 2nd respondent be directed not to

summon or harass her in any manner, in future.

2. Sri.E.C.Bineesh - learned Government Pleader

appearing on behalf of the official respondents, submitted that the

allegation of the petitioner against the 2nd respondent is without

basis because all which he has done, in his capacity as a Police

Officer, was to summon her to the Police Station to enquire about

the complaint received from the 3rd respondent. He added that the WPC 11230/21

petitioner is not yet arrayed as an accused in any Crime, nor any

investigation is being carried on against her.

Taking note of the afore submissions of the learned

Government Pleader and recording the same, I order this Writ

Petition, directing the 2nd respondent - Station House Officer to

summon the petitioner to the Police Station, if so required, with

respect to any complaint made or to be made by the 3rd respondent,

only after issuing her a notice under Section 41A of the Cr.P.C.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                                 JUDGE
 WPC 11230/21


               APPENDIX OF WP(C) 11230/2021

PETITIONER EXHIBITS
EXHIBIT P1          THE TRUE COPY OF THE GIFT DEED
                    NO.3843/2006 IN FAVOUR OF THE
                    PETITIONER DATED 28.12.2006 OF
                    VALAPATTANAM SRO
EXHIBIT P2          THE TRUE COPY OF THE NOTICE ISSUED

UNDER FORM NO.12 BY THE TALUK SURVEYOR, KANNUR EXHIBIT P3 THE TRUE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER EXHIBIT P4 THE TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONERS HUSBAND DATED 1.4.2021