Disposed

Nafeesath Sana v. the Sub Inspector of Police

Kerala HC20 Mar 2018WP(C)/9344/2018

Case brief

AI extract

What is this about?

In this writ petition, the mother of a minor child approached the High Court of Kerala seeking police protection against alleged threats and an attempted kidnapping of her son. The Court directed the Sub Inspector of Police to take appropriate action on the filed complaint and ensure the petitioner's safety if a genuine threat exists. The petition was disposed of without issuing notice to private

What did the court decide?

Directed the respondent Sub Inspector of Police to consider Ext.P1 complaint and take appropriate action to avoid threatened harm.

Nafeesath Sana Vs the Sub Inspector of Police — Child Custody and Guardianship | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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& THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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TUESDAY, THE 20TH DAY OF MARCH 2018 / 29TH PHALGUNA, 1939

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WP(C).No. 9344 of 2018 ------------------------

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PETITIONERS

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1 NAFEESATH SANA AGED 24 YEARS, D/O. ASHRAF ABOOBAKAR, CHAMBARIKKA HOUSE, CHANDRAGIRI P.O., KASARGOD DISTRICT, PIN-671317.

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2 NABHAN, AGED 4 YEARS, S/O. MOHAMMAD KUNHI, CHAMBARIKKA HOUSE, CHANDRAGIRI P.O., KASARGOD DISRICT, PIN-671 317,(BEING MINOR REPRESENTED BY GUARDIAN AND BEST FRIEND MOTHER THE 1ST PETITIONER)

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BY ADVS.SMT.SREEJA SOHAN.K. SMT.GAYATHRI KRISHNAN

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RESPONDENTS:

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1. THE SUB INSPECTOR OF POLICE BEKAL POLICE STATION, BEKAL, KASARGOD DISTRIC, PIN-671318. 2. MOHAMMAD KUNHI P.M., AGED 35 YEARS, S/O. HASSAINAR, 'SAMEER MANZEL' UDUMA PADINHAR, KASARGOD DISTRICT, PIN-671 314.

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3. RAHILA, AGED 25 YEARS, W/O. MOHAMMAD KUNHI, 'SAMEER MANZEL', UDUMA PADINHAR, KASARAGOD DISTRICT, PIN-671 314.

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4. ABDULLA KUNHI, AGED 32 YEARS, S/O. HASSAINAR, 'SAMEER MANZEL', UDUMA PADINHAR, KASARAGOD DISTRICT, PIN-671 314. 5. HASSAINAR, FATHER NAME NOT KNOWN HASSAINAR, AGED 65 YEARS, 'SAMEER MANZEL' UDUMA PADINHAR, KASARAGOD DISTRICT, PIN-671 314.

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R1 BY GOVERNMENT PLEADER SRI. NICHOLAS JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-032018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9344 of 2018 (P)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BEFORE THE SUB INSPECTOR OF POLCIE, BAKAL POLICE STATION, DATED 24.02.2018.

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RESPONDENTS' EXHIBITS: NIL.

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TRUE COPY

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P.A. TO JUDGE.

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A.M.SHAFFIQUE & P.SOMARAJAN, JJ

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- - - - W.P.(C). No. 9344 of 2018

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- - - - Dated this the 20^th day of March, 2018

JUDGMENT

SHAFFIQUE, J.

The petitioner had approached this Court inter alia seeking police protection alleging that there is threat to her life and an attempt of kidnapping her minor child from her custody.

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Apparently there is a matrimonial dispute. The second respondent is the husband of the first petitioner and father of the second petitioner minor child. Third respondent is the second wife of the second respondent and others are their relatives.

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The first petitioner submits that the child is in her custody and there is attempt to kidnap the child. A complaint has been filed as Ext.P1 before the Sub Inspector of Bakal Police Station. So far, no action has been taken and therefore the petitioners have approached this Court.

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Having regard to the factual situation that has arisen in this case, we do not think it necessary to issue notice to the private respondents.

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W.P.(C). No. 9344 of 2018

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-2-

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Government Pleader takes notice on behalf of the 1^st

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respondent.

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The first respondent shall consider Ext.P1 complaint and shall take appropriate action in accordance with the procedure prescribed. If there is a genuine threat as alleged, definitely the first respondent shall endevour to ensure that the threat is avoided.

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The writ petition is disposed of.

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SD/-

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A.M.SHAFFIQUE, JUDGE

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SD/-

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P.SOMARAJAN, JUDGE

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Nafeesath Sana v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Nafeesath Sana v. the Sub Inspector of Police

Case brief

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