In this writ petition alleging police harassment, the petitioners claimed inability to approach their residence due to threats from the second petitioner's parents. The Court held that police inquiries were legitimate and not harassment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937
WP(C).No. 709 of 2016 (K)
PETITIONERS:
1. SHIJU RAPHEL AGED 37 YEARS S/O.RAPHEL, PUTHENVEETTIL HOUSE, MUNNAR COLONY
2. SWATHI KRISHNA AGED 23 YEARS
BY ADV. SRI.S.JIJI
RESPONDENTS:
1. THE INSPECTOR OF POLICE KEEZHVAIPUR POLICE STATION MALLAPPALLY VIA, PATHANAMTHITTA DIST - 689 587.
2. THE DY.SUPERINTENDENT OF POLICE OFFICE OF THE DY.S.P., NEAR SBT ATM, THIRUVALLA PATHANAMTHITTA DIST - 689 101.
BY GOVERNMENT PLEADER C.R. SYAM KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 709 of 2016 (K) --------------------------
APPENDIX
PETITIONERS' EXHIBITS
EXT.P-1: TRUE COPY OF THE I.D. CARD OF THE SAID SWATHI KRISHNA. EXT.P-2: TRUE COPY OF THE RECEIPT ISSUED BY THE SUB REGISTRAR, DEVIKULAM. EXT.P-3: TRUE COPY OF THE AFFIDAVIT DATED 30.12.2015. EXT.P-3(A): TRUE ENGLISH TRANSLATION OF EXHIBIT P-3. EXT.P-4: TRUE COPY OF THE MARRIAGE AGREEMENT EXECUTED BY THE PARTIES DATED 4.1.2016.
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE.
kp/-
ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
W.P(C). No. 709 of 2016
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 8th day of January, 2016
JUDGMENT
A.M. SHAFFIQUE, J .
This writ petition has been filed alleging harassment by the police. Petitioners submitted that they got married and that the police is unnecessarily calling them at the instance of the father of the second petitioner.
W.P.C. No. 709 of 2016
-2-
registered by the police, we do not think that the same amounts to any harassment by the police.
Petitioners are free to approach the learned Magistrate and give necessary statement for which necessary assistance shall be provided by the police. With the above observations the writ petition is disposed of.
ASHOK BHUSHAN, CHIEF JUSTICE
A.M. SHAFFIQUE, JUDGE
kp/-8.01.16
2 issues framed by the court
Whether police inquiries at the instance of the complaining party amount to harassment of the petitioners.
Whether the petitioners are entitled to grant of relief against police call.
Shiju Raphel & Ors.
Inspector of Police Kezhvaipur
Ashok Bhushan
A.M. Sha Gutiérrez
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
