High Court Kerala High Court

Sajeev Kumar vs State Of Kerala on 23 June, 2008

Kerala High Court
Sajeev Kumar vs State Of Kerala on 23 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14888 of 2008(V)


1. SAJEEV KUMAR, S/O.A.K.DAMODARAN
                      ...  Petitioner
2. A.K.DAMODARAN, AGED 85 YEARS,
3. V.K.MAIDHILI, W/O.A.K.DAMODARAN,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. CITY POLICE COMMISSIONER,

3. THE CIRCLE INSPECTOR OF POLICE,

4. SUB-INSPECTOR OF POLICE,

5. ANILA.M., D/O.MOHAN KUMAR,

6. GIRISH, POLICE CONSTABLE,

                For Petitioner  :SRI.SHAJI P.CHALY

                For Respondent  :SRI.C.S.MANILAL

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :23/06/2008

 O R D E R
        K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ.
        -----------------------------------------------------
                       W.P.(C)No.14888 OF 2008
           -----------------------------------------------------
           DATED THIS THE 23rd DAY OF JUNE, 2008

                         J U D G M E N T

Balakrishnan Nair, J.

The 1st petitioner is the husband of the 5th respondent. The

petitioners 2 and 3 are the parents of the 1st petitioner. There is

some dispute between the first petitioner and 5th respondent in

their marital life. The 6th respondent who is a Police Constable

interfered in the matter and manhandled the petitioner. It was

done in the presence of the 4th respondent after summoning him

to the Police Station. The 4th respondent is compelling the

petitioner to settle the dispute between him and the 5th

respondent as dictated by him. Feeling aggrieved by the said

action of the 4th respondent, this writ petition is filed complaining

police harassment.

2. The 5th respondent has filed a counter affidavit,

denying the allegations against her. She submits, she has been

brutally manhandled and a crime has been registered against the

petitioners under Section 498A IPC. To prevent the investigation

W.P.(C)No.14888/08 -2-

of that crime, this writ petition has been filed making false allegations.

The petitioners have filed a reply affidavit denying the averments of

the 5th respondent in her counter affidavit. The learned Government

Pleader upon instructions submitted that a crime has been registered

against the petitioners under Section 498A IPC. The police propose to

investigate into the same only in accordance with law. The allegations

of harassment are denied by the police.

3. We record the submission of the learned Government

Pleader that the police do not propose to harass the petitioners and

they will investigate the crime registered against the petitioners only in

accordance with law.

The writ petition is disposed of as above.

K.BALAKRISHNAN NAIR,JUDGE.

M.C.HARI RANI, JUDGE.

dsn