Writ petition filed by Sajil seeking police protection alleging threats from Lenin. Court observed no evidence of threats and directed police to provide protection only upon receipt of specific threat by the second respondent.
Direction to first respondent to provide protection if petitioner brings specific threat to notice by second respondent.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932
WP(C).No. 11274 of 2010(H)
PETITIONER(S):
SAJIL, AGED 38 YEARS, S/O.BALAKRISHNAN, VELLAPARAMBIL HOUSE, THRITHALLUR.P.O, THRISSUR DISTRICT.
BY ADV. SRI.M.K.ABOOBACKER
RESPONDENT(S):
R1 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS.
ADV. SRI.SALISH ARAVINDAKSHAN FOR R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C).NO.11274 OF 2010
PETITIONER'S EXHIBITS:
EXT.P1PHOTOCOPY OF THE COMPLAINT BEFORE THE D.G.P., TRIVANDRUM.
EXT.P2TRUE COPY OF THE COMPLAINT DT. 19.2.2010 FILED BEFORE THE I.G. OF POLICE, THRISSUR ZONE BY THE PETITIONER.
EXT.P3TRUE COPY OF THE ACKNOWLEDGMENT CARDS DT. 19.2.2010 ISSUED FROM THE OFFICE OF THE I.G. OF POLICE, THRISSUR RANGE.
EXT.P3(A) TRUE COPY OF THE ACKNOWLEDGMENT CARDS ISSUED DT. 19.2.2010 FROM THE SUB INSPECTOR OF POLICE, VADANAPPALLY.
EXT.P4TRUE COPY OF THE COMPLAINT DT. 4.3.2010 IN M.P.NO.1656/10 FILED BEFORE THE J.F.C.M. COURT, CHAVAKKAD BY THE PETITIONER.
EXT.P5TRUE COPY OF THE PETITION DATED 24.3.2010 BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P6TRUE COPY OF THE ACKNOWLEDGMENT LETTER DATED 24.3.2010 ISSUED BY THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS:
EXT.R2(A) TRUE COPY OF PROMISSORY NOTE DATED 20.11.2008.
EXT.R2(B) TRUE COPY OF THE CHEQUE DATED NIL FOR RS.6,00,00/=.
EXT.R2(C) TRUE COPY OF THE AFFIDAVIT FILED BY THE MOTHER OF THE PETITIONER ALONG WITH THE COMPLAINT BEFORE THE JUDICIAL IST CLASS MAGISTRATE COURT, TRISSUR.
// True Copy //
PS to Judge
K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ.
W.P(C). NO. 11274 OF 2010 H --------------------------------------------------Dated this the 6th August, 2010
JUDGMENT
K.M. Joseph, J.
Petitioner has approached this Court seeking police protection. Allegations are raised against the second respondent. Second respondent has filed a Counter Affidavit. He has alleged money transaction and other allegations are raised by him against the petitioner. A Reply Affidavit is also filed. Second respondent has specifically stated that he has not threatened the petitioner and also that he has no intention to cause any threat to the life of the petitioner. We record the submission of the second respondent and dispose of the Writ Petition directing that in the event of the petitioner bringing to the notice of the first respondent any specific threat by the second petitioner to the life of the petitioner, the first respondent shall provide protection for the life of the petitioner against the second respondent. We
WPC.11274/2010 H
2
make it clear that we have not gone into the correctness of the
allegations made by the parties and the court/forum before
which any lis between the parties comes, shall be free to decide
the matter in accordance with law and untrammeled by anything
contained in this Judgment.
Sd/=
K.M. JOSEPH, JUDGE
kbk.
// True Copy //
PS to Judge
1 issue framed by the court
Whether to grant police protection to the petitioner against the second respondent alleging threats to life.
SAJIL
THE SUB INSPECTOR OF POLICE, VADANAPPALLY, THRISSUR
LENIN
K.M. JOSEPH
M.L. JOSEPH FRANCIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
