High Court Kerala High Court

Sreelekha vs The Circle Inspector Of Police on 11 August, 2008

Kerala High Court
Sreelekha vs The Circle Inspector Of Police on 11 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23069 of 2008(U)


1. SREELEKHA, AGED 42, W/O.VIJAYAKUMAR,
                      ...  Petitioner

                        Vs



1. THE CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

3. RADHAKRISHNA PILLAI @ UNNI,

4. SARASAN, AGED ABOUT 40, M.S.TRADERS,

5. SINI GOPAL @ NISSI, AGED ABOUT 56,

6. SAJI, AGED ABOUT 32, CYBER TRACK,

                For Petitioner  :SRI.S.SUDHISH KUMAR

                For Respondent  :SRI.V.VENUGOPALAN NAIR

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

 Dated :11/08/2008

 O R D E R
       K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.
                   -------------------------------------
                   W.P.(C). No.23069 OF 2008
                   --------------------------------------
            Dated this the 11th day of August, 2008

                           J U D G M E N T

~~~~~~~~~~~

Balakrishnan Nair, J.

The petitioner has approached this Court alleging that

respondents 3 to 6 are threatening her with physical harm and the

police is looking the other way though they were alerted by filing

Ext.P1 representation.

2. The petitioner submits she borrowed an amount of

Rs.50,000/- from the 3rd respondent. The said loan transaction

was settled. But, the 3rd respondent is claiming some more

interest. Since the petitioner refused to pay the same, the said

respondent is employing respondents 4 to 6 to physically threaten

and harass her. They are muscle men and are capable of doing

anything. The petitioner’s husband is abroad and therefore she is

mortally afraid of respondents 3 to 6. She filed Ext.P1

W.P.(C) No.23069/2008 2

representation before the 2nd respondent, no action has been

taken on it. Hence, this writ petition.

3. The learned Government Pleader, upon instruction,

submitted that the police have strictly warned to the respondents

3 to 6 and have directed them to approach the civil court to

recover the amount, if any, due from the petitioner.

4. The learned counsel appearing for the 3rd respondent

submitted that the petitioner has issued a cheque for the amount

owed by her to him and the same bounced. Therefore, he has

moved the competent court for the offence committed by her

under Section 138 of the Negotiable Instrument Act. He denies

the allegations of physical threat and violence. He proposes to

proceed against her, in accordance with law, to recover the

amount due to him, it is submitted.

The above submission is recorded. If there is any threat or

violence from the part of the respondents 3 to 6, the petitioner

W.P.(C) No.23069/2008 3

may inform the 2nd respondent. In that event, the 2nd respondent

shall promptly interfere and render necessary protection to her.

The writ petition is disposed of as above.

(K.BALAKRISHNAN NAIR, JUDGE)

(M.C.HARI RANI, JUDGE)

ps