Petitioners sought police protection alleging threats to their life from persons inimical to the first petitioner's husband. The Court noted the husband's involvement in a cheating and chitty case and declined the protection order as the dispute is civil in nature.
Police protection sought was declined with a direction to report life threats to the police.
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 MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941 WP(C).No.322 OF 2020(M)
PETITIONERS:
BY ADVS. SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SRI.SADCHITH.P.KURUP SRI.SUMESH.S.KALARICKEL SMT.SINDHU K.S. SRI.U.JAYAKRISHNAN
RESPONDENTS:
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5 THE INSPECTOR OF POLICE, PAZHAYANNUR ROAD, CHELAKKARA, THRISSUR, KERALA-680 586
SRGP PP THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 23rd day of January 2020
The petitioners approached this Court for police protection.
The petitioners submitted that there is a threat to their life and that their peaceful life has been interrupted by persons who alleged to be in inimical terms with the 1st petitioner's husband.
This Court cannot order police protection to prevent the demand being raised by the persons who are alleged to have been cheated. However, if there is any threat to the life, the petitioner can very well report to the police, then the police can conduct an enquiry and take appropriate action. The police will also have to
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maintain law and order. Declining the relief as sought, the writ
petition is disposed of with the above directions.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
PR/23.01.2020
WP(C).No.322 OF 2020(M)
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APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WOUND CERTIFICATE ISSUED BY THE MEDICAL OFFICER, DISTRICT HOSPITAL, PALAKKAD
EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME NO.653/2019, PALAKKAD TOWN NORTH P.S, PALAKKAD
2 issues framed by the court
Whether police protection can be granted where the dispute arises from civil cheating allegations and chitty business
Whether the Court can order police protection for threats not related to life-threatening situations involving civil disputes
LATHA, W/O SAJEV KARUN
PRAKASHAN, S/O MANI
STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME AFFAIRS
DISTRICT POLICE CHIEF, PUDUPALLI THERUVU
DISTRICT POLICE CHIEF, RAMAVARMAPURAM
INSPECTOR OF POLICE, ALATHUR
A.MUHAMmed MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
