Dismissed

Victim, v. State of Kerala

Kerala HC25 Nov 2022WP(C)/15956/2019

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam, framing a bench of Mrs. Justice Anu Sivaraman, dismissed two writ petitions filed by victims seeking protection against harassment by respondents Sheraj and Ambika on the ground that the petitions had become infructuous after a lapse of three years.

What did the court decide?

Anu Sivaraman J held that the writ petitions were infructuous after a lapse of more than three years from the date of filing and directed that further protection by the police may be afforded in event

Victim, Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 25^TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA, 1944

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WP(C) NO. 15671 OF 2019

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PETITIONER:

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VICTIM AGED 33 YEARS XXX BY ADVS. K.SHAJ K/0000114/2017

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, KERALA HIGH COURT.

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2 SHIVARAJAN STATE PRESIDENT, HUMAN RIGHTS JUSTICE, VIGILANCE COUNCIL (GLOBAL) NEAR UNION DRIVING SCHOOL, ELAMBALUR, KUNDARA.

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3 AMBIKA (HUMAN RIGHTS MEMBER), HOUSE NO.45, T.S.S. NAGAR, THRIKADAVOOR, KOLLAM.

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4 SHO ANCHALUMOODU POLICE STATION, PARAKULAM ROAD, ANCHALUMMOOD, KOLLAM - 691 601.

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5 SHO OF POLICE KUNDARA POLICE STATION, NH 744, ELAMPALLOR, KUNDARA, KOLLAM - 691 501.

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6 SUB INSPECTOR OF POLICE KARUNAGAPPALLY POLICE STATION, KARUNAGAPPALLY, KOLLAM.

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7 DISTRICT POLICE CHIEF DISTRICT POLICE HEADQUARTERS

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WP(C) Nos.15671/2019 & 15956/2019

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KOLLAM RURAL, KOTTARAKARA.

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8 DISTRICT POLICE CHIEF KOLLAM, COMMISSIONER OF POLICE, KOLLAM - 691 001.

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9 EDIN CLEETUS EDIN BHAVAN, PADAPPAKARA, KUNDARA, KOLLAM DISTRICT.

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BY ADV SMT.K.SUNITHA VINOD

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T.K.SHAJAHAN-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2022, ALONG WITH WP(C).15956/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.15671/2019 & 15956/2019

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 25^TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA, 1944 WP(C) NO. 15956 OF 2019

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PETITIONER:

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VICTIM, AGED 33 YEARS X BY ADVS. K.K.JYOTHILAKSHMY SRI.SUJESH J.MATHEW

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI- 682031.

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2 SHIVARAJAN, (STATE PRESIDENT) HUMAN RIGHTS JUSTICE, VIGILANCE COUNCIL (GLOBAL) NEAR UNION DRIVING SCHOOL, ELAMBALUR, KUNDARA- 691506.

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3 AMBIKA, (HUMANRIGHTS MEMBER), HOUSE NO.45, T.S.S.NAGAR THRIKADAVOOR, KOLLAM- 691506.

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4 SHO, ANCHALOMOODU POLICE STATION, PRAKULAM ROAD, ANCHALUMMOOD, KOLLAM- 691601.

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5 SHO OF POLICE,

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WP(C) Nos.15671/2019 & 15956/2019

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KUNDARA POLICE STATION NH744, ELAMPALLOR, KUNDARA, KOLLAM- 691501. 6 SUB INSPECTOR OF POLICE, KARUNAGAPALLY POLICE STATION, KARUNAGAPALLY, KOLLAM691501. 7 DISTRICT POLICE CHIEF, DISTRICT POLICE HEADQUARTERS, KOLLAM RURAL, KOTTARAKARA, KOLLAM-691 506 8 DISTRICT POLICE CHIEF, KOLLAM, DISTRICT POLICE HEAD QUARTERS, KOLLAM-691 001. BY ADVS. GOVERNMENT PLEADER SMT.K.SUNITHA VINOD T.K.SHAJAHAN-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2022, ALONG WITH WP(C).15671/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.15671/2019 & 15956/2019

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JUDGMENT

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Dated this the 25^th day of November, 2022

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These writ petitions are filed seeking protection to the petitioner from respondents 4 and 5.

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It is submitted that the petitioner was the victim of criminal acts by respondents 2 and 3 and Crime No.768/2019 was registered by the Karunagapally police. It is submitted that respondents 4 and 5 attempted to harass the petitioner into changing her deposition in the pending criminal trial. Interim orders had been granted by this Court.

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In view of the fact that, more than three years have elapsed from the date of filing of this writ petition, I am of the opinion that the writ petition would have, by now, become infructuous. This writ petition is closed. It is made clear that in case of any threat, the petitioner may inform the Station House Officer, who

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WP(C) Nos.15671/2019 & 15956/2019

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shall continue to afford adequate protection to the life of the

petitioner.

Sd/-

ANU SIVARAMAN

JUDGE

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WP(C) Nos.15671/2019 & 15956/2019

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APPENDIX OF WP(C) 15671/2019

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PETITIONER EXHIBITS

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EXHIBIT P1 COPY OF THE FIR IN CRIME NO.2652/2017 OF KUNDARA POLICE STATION. EXHIBIT P2 COPY OF THE COMPLAINT LODGED BEFORE TEH SUB INSPECTOR OF POLICE ANCHALUMOODU DATED 4.5.2019 BY THE PETITIONER. EXHIBIT P2(a) COPYOF RECEIPT ISSUED BY ANCHALUMOODU POLICE STATION. EXHIBIT P3 COPY OF THE FIR REPORT IN CRIME NO.768/2019 OF KARUNAGAPALLY POLICE STATION. EXHIBIT P4 COPY OF COMPLAINT FILED BY PETITIONE RBEFORE KOTTARAKARA RURAL S.P. DATED 21.5.2019. EXHIBIT P4(a) COPY OF RECEIPT ISSUED BY KOTTARAKARA RURAL S.P. FOR THE COMPLAINT DATED 21.5.2019. EXHIBIT P5 COPY OF COMPLAINT FILED BEFORE KOLLAM DISTRICT COMMISSIONER OF POLICE DATED 21.5.2019. EXHIBIT P6 COPY OF COMPLAINT LODGED BEFORE THE ADDITIONAL DIRECTOR GENERAL OF POLICE SOUTHERN REGIONA. EXHIBIT P6(A) COPY OF RECEIPT ISSUED BY ADDITIONAL DIRECTOR GENERAL OF POLICE SOUTHERN REGION TO PETITIONER'S COMPLAITN DATED 23.5.2019.

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WP(C) Nos.15671/2019 & 15956/2019

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APPENDIX OF WP(C) 15956/2019

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PETITIONER EXHIBITS

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EXHIBIT	P1	COPY OF THE FIR IN CRIME NO.2652/2017 OF KUNDARA POLICE STATION.
EXHIBIT	P2	COPY OF THE COMPLAINT LODGED BEFORE THE SUB INSPECTOR OF POLICE ANCHALUMOODU DATED 04.05.2019 BY THE PETITIONER.
EXHIBIT	P2(a)	COPY OF RECEIPT ISSUED BY ANCHALUMOODU POLICE STATION.
EXHIBIT	P3	COPY OF THE FIR REPORT IN CRIME NO.768/2019 OF KARUNAGAPALLY POLICE STATION.
EXHIBIT	P4	COPY OF COMPLAINT FILED BY PETITIONER BEFORE KOTTARAKARA RURAL S.P. DATED 21.05.2019.
EXHIBIT	P4(a)	COPY OF RECEIPT ISSUED BY KOTTARAKARA RURAL S.P. FOR THE COMPLAINT DATED 20.05.2019.
EXHIBIT	P5	COPY OF COMPLAINT FILED BEFORE KOLLAM DISTRICT COMMISSIONER OF POLICE DATED 21.05.2019.
EXHIBIT	P6	COPY OF COMPLAINT LODGED BEFORE THE ADDITIONAL DIRECTOR GENERAL OF POLICE SOUTHERN REGION.
EXHIBIT	P6(a)	COPY OF RECEIPT ISSUED BY ADDITIONAL DIRECTOR GENERAL OF POLICE SOUTHERN REGION OF PETITIONER'S COMPLAINT DATED 23.05.2019.
EXHIBIT	P7	THE COPY OF COMPLAINT LODGED BEFORE THE 4TH RESPONDENT 10.06.2019.
RESPOND	ENT EXHIBITS

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WP(C) Nos.15671/2019 & 15956/2019

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EXHIBIT	R2(A) A TRUE COPY OF THE ORDER DTD. 30.05.2019 IN B.A NO.3733/2019.
EXHIBIT	R2(B) A TRUE COPY OF THE FIR DTD 30.10.2017 AT KUNDARA POLICE STATION WHICH WAS REGISTERED AS CRIME NO. 2652/2017.
EXHIBIT	R2(C) A TRUE COPY OF THE COMPLAINT DTD 01.10.2018 SUBMITTED BY THE PETITIONER TO THE DGP.
EXHIBIT	R2(D) A TRUE COPY OF COMPLAINT DTD 29.09.2018 TO THE CHIEF MINISTER OF KERALA ALLEGING SEXUAL HARASSMENT.
EXHIBIT	R2(E) A TRUE COPY OF THE PETITION DTD 17.10.2018 SUBMITTED BY THE PETITONER BEFORE THE REVENUE DIVISIONAL OFFICER KOLLAM AGAINST HER FATHER.
EXHIBIT	R2(F) A TRUE COPY OF THE PETITION DTD. 17.10.2018 SUBMITTED BY THE PETITIONER BEFORE THE RVENUE DIVISIONAL OFFICER KOLLAM.
EXHIBIT	R2(G) A TRUE COPY OF THE PETITION DTD 17.10.2018 SUBMITTED BY THE PETITIONER BEFORE THE RURAL S.P. KOTTARAKKARA.
EXHIBIT	R2(H) A TRUE COPY OF THE PETITION DTD. 25.10.2018 SUBMITTED BY BIBIYANA BEFORE THE POLICE CHIEF.

Victim, v. State of Kerala

Case brief

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Victim, v. State of Kerala

Case brief

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