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Suneer P.M vs Sub Inspector Of Police on 5 August, 2008

Kerala High Court
Suneer P.M vs Sub Inspector Of Police on 5 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19957 of 2008(A)


1. SUNEER P.M.,
                      ...  Petitioner

                        Vs



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

2. CITY POLICE COMMISSIONER, ERNAKULAM.

3. MUHAMMED KUNJU,

4. NAZEEMA, D/O HANEEFA, PARAYAMOOLA HOUSE,

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  :SRI.P.T.SEBASTIAN

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

 Dated :05/08/2008

 O R D E R
              K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ.
        -----------------------------------------------------
                            W.P.(C)No.19957 OF 2008
            -----------------------------------------------------
            DATED THIS THE 5th DAY OF AUGUST, 2008

                                J U D G M E N T

Balakrishnan Nair, J.

The petitioner is a gulf returnee. He is working in a hair dressing

saloon at Kakkanad. The 4th respondent is his wife and the 3rd respondent

is his wife’s brother. The petitioner submits, the marriage between him

and the 4th respondent has been severed by his pronouncing Talak as per

the Muslim Law. But, even thereafter, the 4th respondent is residing in his

house. With the help of the 3rd respondent, the 4th respondent has kicked

him out. At present, he is staying with his sister. The allegations of

manhandling him by respondents 3 and 4 is supported by Exhibit P1

accident-cum-wound certificate. He has filed Exhibits P2 and P3

representations before the police pointing out the criminal actions of the

4th respondent which includes causing injury to him by biting. But the

police, did not take any effective action. In the above background, this

writ petition is filed.

2. As directed by this Court, the first respondent has filed a

statement, in which it is submitted that in fact the petitioner is the

perpetrator of atrocities on the 4th respondent and he is an accused in

Crime No.383/07 of Thrikkakara Police Station registered under Section

498A of the IPC. He has taken into his possession, the 4th respondent’s

W.P.(C)No.19957/08 -2-

SSLC certificate, ration card, voter ID card and birth certificate of the

younger child. She is maintaining herself and her two children born out of

the wedlock with the petitioner, by working as a domestic servant in the

neighbourhood. All the allegations made by the petitioner are unfounded, it

is submitted.

3. The petitioner has filed a reply affidavit denying the allegations

made by the first respondent in his statement filed before this Court. He has

reiterated the contentions raised in the writ petition and has also produced

Exhibit P6 title deed which would show that the property in which the 4th

respondent now resides, belongs to him.

4. Having regard to the facts of the case, we feel that it is not

proper for this Court to ask the police to render any protection to the

petitioner. If the petitioner is aggrieved by the omission of the police to

register a crime against the 4th respondent, based on the information lodged

by him, he may move the competent criminal court and seek appropriate

reliefs.

In the result, the writ petition is dismissed without prejudice to the

contentions of the petitioner and his right to move other forums for

appropriate reliefs.

K.BALAKRISHNAN NAIR,JUDGE.

M.C.HARI RANI, JUDGE.

dsn

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