Petitioners challenged failure to grant police protection and threat of harassment following a domestic dispute where Section 498A IPC complaint was not registered initially but later a private complaint was registered and police questioning initiated.
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ERAVIPURAM POLICE STATION, KOLLAM DISTRICT - 683 852.
R1, R7 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
W.P.(C) No.20944 of 2010-P
Dated, this the 12th day of July, 2010
J U D G M E N T
K.M.Joseph, J.
Petitioners have approached this Court seeking the following reliefs:--
“i. to issue a writ in the nature of mandamus, order or direction directing the respondents 1 and 2 not to threaten and harass the petitioners and their family members at the instance of respondents 3 to 6.
ii. to issue a writ in the nature of mandamus, commanding the respondents 1, 2 and 7 to grant adequate and meaningful police protection to the life of the petitioners from the threat of respondents 4 to 6.”
follows: Petitioners are mother, brother, sister and wife of Unus A.H who married the 3rd respondent. There are various allegations made in paragraph 2 of the writ petition and in substance it is stated that the relationship between the Ist petitioner's son Unus A.H and the 3rd respondent was strained. He pronounced Talak. It is communicated by Ext.P1. The 3rd
WPC No.20944/2010 -2-
respondent complained of commission of offence under Section 498A read with Section 34 of Indian Penal Code against the Ist petitioner and her son and daughter and no crime was registered. Subsequently, a private complaint was filed before the Judicial First Class Magistrate-II, Kollam which is referred under Section 156 (3) of the Cr.P.C. Crime was registered. Anticipatory bail was granted by Ext.P2. Petitioners moved Criminal M.C. to quash the F.I.R. Ext.P3 is the order dated 18.6.2010 by which stay is extended. The Ist petitioner's son filed writ petition complaining harassment and culminated in Ext.P4 judgment. At present petitioners are before this Court complaining of harassment.
WPC No.20944/2010 -3-
order was produced on 7.7.2010. He would submit that there can be no question of harassment and the petitioners will not be harassed and that as and when questioning becomes possible and necessary it shall be done only after issuing notice under Section 160 Cr.P.C. We record the said submission and close the writ petition.
(K.M.JOSEPH) JUDGE.
(M.L.JOSEPH FRANCIS) JUDGE.
MS
2 issues framed by the court
Whether to issue writ directing police not to threaten petitioners and to grant police protection.
Whether there was harassment of petitioners after expiry of stay order in criminal matter.
3 provisions across 2 enactments
Amina
Usman
Asiya
Fasila
The Deputy Superintendent of Police, District Crime Record Bureau, Kollam
Sailesh, Sub Inspector of Police, District Crime Record Bureau, Kollam
K.M.Joseph
M.L.Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
