Petitioner filed a writ petition alleging threats from husband and relatives causing fear for safety. Court granted interim protection; upon final hearing, directed filing of police complaint instead of 24-hour aid.
Petitioner directed to prefer a complaint to the 1st respondent if further threats occur; no interim relief varied.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 14TH DAY OF MARCH 2018 / 23RD PHALGUNA, 1939
WP(C).No. 3340 of 2017
PETITIONER(S)
1 RASHEEDA PAREEN AGED 31 YEARS, W/O.MOHAMMED ANSAR B., SHAMEENA QUARTER, PRATHAP NAGAR, SONKAL, PO UPPALA, KASARAGOD DISTRICT.
2 MOHAMMED RAMEEZ AGED 14 YEARS, S/O.MOHAMMED ANSAR B.,
-DO- -DO-
3 SAFA NAAZ AGED 8 YEARS, D/O.MOHAMMED ANSAR B., -DO- -DO(PETITIONERS 2 AND 3 REPRESENTED BY MOTHER 1ST PETITIONER RASHEED PAREEN)
BY ADVS.SMT.SREEJA SOHAN.K. SRI.ROVIN RODRIGUES
RESPONDENT(S):
1. THE SUB INSPECTOR OF POLICE MANJESHWAR POLICE STATION, MANJESHWAR PO, KASARAGOD DISTRICT, PIN-671 323.
2. MOHAMMED ANSAR B.
3. NAZEER AHMED
4. MUMTHAZ BEGUM
5. NAZMIN BANU
R3-R5 BY ADV. SRI.T.G.RAJENDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3340 of 2017 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 : TRUE COPY OF THE COMPLAINT FILED BEFORE THE SUB INSPECTOR OF POLICE,MANJESHWAR POLICE, DATED
Rp
//True Copy//
PS to Judge
A.M. SHAFFIQUE & P.SOMARAJAN, JJ.
========================== WP(C) No. 3340 of 2017
====================
Dated this, the 14th day of March, 2018
J U D G M E N T
Shaffique, J.
This writ petition has been filed by a lady and her minor children alleging that there is threat from her husband, in-laws and relatives. Service is complete. Party respondents appeared before this Court through counsel and submitted that the allegations are not true and they have not threatened the petitioner or their children in any manner.
WP(C) No.3340/17
-:2:-
Ext.P1 complaint. Since no action was taken in the matter, this writ petition is filed.
Having regard to the factual situation arising in the case, we are of the view that this writ petition can be disposed of as under:-
If there is any further threat from the private respondents, it shall be open for the 1st petitioner to prefer a complaint to the 1st
WP(C) No.3340/17
-:3:-
respondent, who, in that event, shall take appropriate action in accordance with the procedure prescribed.
Sd/-
A.M. SHAFFIQUE, JUDGE
Sd/-
P.SOMARAJAN, JUDGE
Rp
2 issues framed by the court
Whether the petitioner is entitled to police protection under a writ petition alleging threats from her husband and family.
Whether the writ court can direct 24-hour police protection or only action upon filing a cognizable offence.
Rasheeda Pareen
Mohammed Rameez
Safa Naaz
The Sub Inspector of Police Manjeshwar Police Station
Mohammed Ansar B.
Nazeer Ahmed
A.M. Shaffique
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
