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.
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W.P(C). NO. 23108 OF 2010 K
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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