High Court Kerala High Court

Kesavan Nair vs Sub Inspector Of Police on 28 July, 2010

Kerala High Court
Kesavan Nair vs Sub Inspector Of Police on 28 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23108 of 2010(K)


1. KESAVAN NAIR,AGED 50 YEARS,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,KARIMANNOOR
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE,

3. DY.SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :28/07/2010

 O R D E R
                             K. M. JOSEPH &
                      M.L. JOSEPH FRANCIS, JJ.
                --------------------------------------------------
                   W.P(C). NO. 23108 OF 2010 K
               ---------------------------------------------------
                     Dated this the 28th July, 2010

                                JUDGMENT

K.M. Joseph, J.

Petitioner has approached this Court seeking the following

reliefs:

“i) Issue a writ of mandamus directing

respondents 1 to 3 not to harass the petitioner

unnecessarily.

ii) issue a writ of mandamus directing the

first respondent to ascertain the facts from Alisha

who took asylum in the house of the petitioner,

whether she came on her own volition and to

investigate in accordance with law.”

2. Briefly put, the case of the petitioner is as follows:

Petitioner is an aged man. It is stated that the mother of

one Alisha filed a complaint alleging that she is under the

custody of the petitioner’s son Anoop. Petitioner’s son is aged 26

WPC.23108/2010 K 2

years and is residing along with the petitioner. It is stated that

the daughter of the defacto complainant, namely Alisha is aged

above sixteen years and she came to the house of the petitioner

on 11.07.2010 and alleged that she was brutally manhandled by

her mother and she cannot tolerate the harassment from the

defacto complainant, namely her mother and that she voluntarily

came to the house of the petitioner due to acquaintance with

Anoop and she took asylum in the house of the petitioner. It is

stated that there is no wrongful or illegal confinement by the

petitioner or his son abducted or kidnapped Alisha or committed

offence punishable under Section 366(A) of the Indian Penal

Code. However, the petitioner is harassed.

3. Learned Government Pleader on instructions submits

that a crime has been registered as No.207/2010 against the

petitioner’s son. He would also submit that there will be no

harassment against the petitioner and the police may be left free

to investigate the said case. Learned counsel for the petitioner

submits that as part of the investigation, the Officer may also

WPC.23108/2010 K 3

question Ms. Alisha. We record the submission of the learned

Government Pleader and dispose of the Writ Petition. We leave

it free to the respondents to investigate the crime in accordance

with law.

Sd/=
K.M. JOSEPH,
JUDGE

Sd/=
M.L. JOSEPH FRANCIS,
JUDGE
kbk.

// True Copy //
PS to Judge