Noorudheen C K P vs State Of Kerala
2021 Latest Caselaw 22652 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                       WP(C) NO. 17660 OF 2021
PETITIONER:

          NOORUDHEEN C K P, AGED 43 YEARS,
          S/O.MAMMED, CHAPEN NAYER KANDIYEL(H), PEROD,
          NADAPURAM, KOZHIKODE-673509.

          BY ADVS.C.A.MAJEED
          K.H.ASIF
          MOLTY MAJEED
          P.B.UNNIKRISHNAN NAIR
          RUBEN GEORGE ROCK


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY HOME SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     STATION HOUSE OFFICER,
          NADAPURAM POLICE STATION, NADAPURAM,
          KOZHIKODE DISTRICT, KERALA-673504.

    3     MUBASHERA SAIMULLAH KHAN,
          D/O.SAIMULLAH KHAN, ROOM NO.202, MAHI MIDAS,
          GOVERNMENT HOSPITAL ROAD, ABOVE BANK OF INDIA,
          CHOODIKOTTA, MAHE-673310.

          BY ADVS.SRI.S.K.SAJU
          SRI.E.C.BINEESH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17660 OF 2021
                                 -2-

                          JUDGMENT

The petitioner alleges that he and his family are

being constantly harassed by the 3rd respondent, who is

his friend and acquaintance. He says that he,

therefore, preferred Ext.P1 complaint before the 2nd

respondent - Station House Officer, seeking

protection; but that since no action was taken

thereon, he has been constrained to approach this

Court through this writ petition.

2. In response, Sri.S.K.Saju - learned counsel

appearing for 3rd respondent, submitted that this writ

petition has been filed suppressing various material

facts, including that the petitioner had married his

client and that he has misappropriated several lakhs

of rupees from her. He added that his client has made

a complaint against the petitioner, which has now led

to the registration of Crime No.614 of 2021 of the

Nadapuram Police Station, for offences including under

Section 498A of the Indian Penal Code. He prayed

that, therefore, this writ petition be dismissed. WP(C) NO. 17660 OF 2021

3. Sri.E.C.Bineesh - learned Government Pleader,

affirmed that the afore Crime has been registered

against the petitioner and that investigation is

being carried on into it. He added that, however, in

terms of the interim order of this Court dated

2.9.2021, the lives of the petitioner and his family

have been adequately and effectively protected.

4. When I consider the afore submissions, it is

luculent that the 3rd respondent says that she has not

and does not intend to attack the petitioner in any

manner and that she has already initiated action

against him as per law. If that be so, I am certain

that none of the parties can take law into their own

hands or attack each other.

5. In the afore perspective, I direct the 2nd

respondent - Station House Officer, to ensure that the

petitioner or the 3rd respondent do not cause any

physical violence or harm each other and that law and

order is maintained in the area where they are

residing, without any breach of peace being allowed in WP(C) NO. 17660 OF 2021

future.

6. As far as the parties are concerned, they are

at full liberty to invoke and pursue their appropriate

remedies before the competent Court, without being

trammeled by any of the observations or directions

herein. Similarly, Police are at full liberty to

investigate and conclude proceedings in any crime

registered against the Petitioner, as per law.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 17660 OF 2021

APPENDIX OF WP(C) 17660/2021

PETITIONER EXHIBITS

EXHIBIT P1 A PHOTOCOPY OF THE COMPLAINT DATED 17.8.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE