High Court Kerala High Court

S.Udayabhanu vs Deputy Superintendent Of Police on 12 October, 2009

Kerala High Court
S.Udayabhanu vs Deputy Superintendent Of Police on 12 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26368 of 2009(M)


1. S.UDAYABHANU, S/O.LATE N.SIVADASAN,
                      ...  Petitioner
2. S.RESHMI, D/O.UDAYABHANU, AGED 21 YEARS,

                        Vs



1. DEPUTY SUPERINTENDENT OF POLICE,
                       ...       Respondent

2. MR.JAYASANTH LAL,

3. THE SUB INSPCTOR OF POLICE,

4. MANU E.V., AGED 31 YEARS,

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  :SRI.S.M.PREM

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :12/10/2009

 O R D E R
            KURIAN JOSEPH & C.T.RAVIKUMAR,JJ
             ------------------------------------------
                  W.P(C) No.26368 of 2009
                  --------------------------------
           Dated this the 12th day of October,2009

                           JUDGMENT

Kurian Joseph.J

The petitioners approached this court complaining of

harassment by the police.

2. The allegation is that harassment is at the instance of

respondent nos.1 to 3 and 5. Respondent Nos.4 and 5 are

present. They are husband and wife. We are informed that there

are problems in their relationship and the fourth respondent has

been approached the Family Court, Kollam for divorce, in O.P.

No.1004/2009.Such a matrimonial dispute shall not give room for

other disputes among other members of the family.That shall not

also be a reason for breach of peace in society.

3. The Government pleader on instruction submitted that

the police has only conducted an enquiry on the complaint filed

by the Additional fifth respondent and there is no harassment in

the process. Now that the epicenter of the dispute is the subject

matter of O.P.No.1004/2009 on the file of Family Court, Kollam,

W.P(C) No.26368 of 2009

2

we direct the parties to maintain peace. The fourth and fifth

respondents are free to prosecute and defend the case before the

family court. Since the Government pleader has submitted that

there is no harassment on the part of police apart from lawful

discharge of their duties of conducting enquiry into the dispute,

no further orders are necessary in the writ petition and the writ

petition is disposed of accordingly.

KURIAN JOSEPH, JUDGE

C.T.RAVIKUMAR,JUDGE

ssn