Disposed

Bhavisha.K. v. State of Kerala

Kerala HC6 Aug 2019WP(C)/6948/2019

Case brief

AI extract

What is this about?

The court directed the petitioner, residing alone with female relatives and facing threats from respondents 4 and 5 (brothers), to seek assistance from the Station House Officer. The court cautioning against involving the police in civil disputes, disposed of the writ petition without costs.

What did the court decide?

The petitioner is directed to approach the Station House Officer for assistance regarding the alleged threats, mindful not to involve the police in civil disputes.

Bhavisha.K. Vs State of Kerala — Domestic Violence | Kerala HC (2019)

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 06TH DAY OF AUGUST 2019 / 15TH SRAVANA, 1941

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WP(C).No.6948 OF 2019(P)

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PETITIONER/S:

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BHAVISHA.K., AGED 33 YEARS D/O.KUNHIKKANNAN, KOROTH HOUSE, KODIYERI, PARAL P.O., THALASSERY, PIN- 670671. BY ADVS. SRI.SHERRY J. THOMAS SRI.E.K.AVINASH

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, TVM-1.

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2 RURAL SUPERINTENDENT OF POLICE, THAVAKKARA, KANNUR, KERALA, PIN- 670001.

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3 STATION HOUSE OFFICER, NEW MAHE POLICE STATION, PARAL KODIYERI, THALASSERY, PIN- 670671.

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4 SAJEEVAN, S/O.KOROTH NANI, KOROTH HOUSE, KODIYERI AMSOM, KANNUR TALUK, THALASSERY, KANNUR DISTRICT, PIN- 670671.

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5 DINESAN, S/O.NANI, KOROTH HOUSE, KODIYERI AMSOM, KANNUR TALUK, THALASSERY, KANNUR DISTRICT, PIN670671.

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BY ADVS. SRI.K.VISWAN SRI.RENJITH RAJAPPAN SRI.SAM M.THOMAS SRI.P.P.IRFAN OTHER PRESENT:

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SR.GP SRI.P.P.THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-07-2019, THE COURT ON 06-08-2019 DELIVERED THE FOLLOWING:

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W.P.(C) No. 6948 of 2019

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JUDGMENT

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K.VINOD CHANDRAN, J.

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The petitioner is residing with her aged mother and only daughter and is aggrieved with threats levelled by respondents 4 and 5.

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The 4^th respondent though was served with notice, does not appear. The 5^th respondent, who is the brother of the 4^th respondent appears and submits that he is not carrying on any of the alleged activities.

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The petitioner's counsel takes us through the FIR registered at Ext.P1 and the wound certificate as seen from Ext.P1(a). It is submitted that there is constant threat levelled by respondents 4 and 5 and the petitioner who stays alone with her mother and daughter, is in a vulnerable situation with no male assistance.

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W.P.(C) No. 6948 of 2019

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The learned Senior Government Pleader, on the other hand, on instructions submits that the allegations on investigation were found to be false. At the time when the incident as alleged in Ext.P1 occurred, the fourth respondent was in a different place; is the specific submission. It is also contended that there are civil disputes between the petitioner and respondents 4 and 5, which is now sought to be made out into a life threat.

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We see from the OP record as produced at Ext.P1 (a) that there was a contusion noticed and the reason stated

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was assault by neighbour.

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In such circumstances, if there is any apprehension of attempt to commit cognizable offences, the petitioner shall be entitled to seek the assistance of the third respondent; Station House Officer; who shall enquire into the complaint

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W.P.(C) No. 6948 of 2019

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and take appropriate action. However the SHO would be careful not to involve in any civil dispute. The writ petition is disposed of. No order as to costs.

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Sd/-

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K.VINOD CHANDRAN JUDGE

Sd/-

V.G.ARUN JUDGE

Scl/ 6.08

W.P.(C) No. 6948 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE FIR IN CRIME NUMBER 50/2019 OF NEW MAHE POLICE STATION.

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EXHIBIT P1 A THE TRUE COPY OF THE MEDICAL RECORD OF THE PETITIONER.

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EXHIBIT P1 B THE TRUE COPY OF THE HOSPITAL BILL. EXHIBIT P2 THE TRUE COPY OF THE PHOTOGRAPHS.

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EXHIBIT P3 THE TRUE COPY OF THE PETITION DATED 07.03.2019.

Bhavisha.K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bhavisha.K. v. State of Kerala

Case brief

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