High Court Kerala High Court

Xavier Biju Alias Muhammed Shafi vs The Commissioner Of Police on 21 December, 2010

Kerala High Court
Xavier Biju Alias Muhammed Shafi vs The Commissioner Of Police on 21 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36449 of 2010(E)


1. XAVIER BIJU ALIAS MUHAMMED SHAFI,
                      ...  Petitioner

                        Vs



1. THE COMMISSIONER OF POLICE,
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

3. THE SUB INSPECTOR OF POLICE,

4. SUB INSPECTOR OF POLICE,

5. JAMEELA, D/O.KANAPARAMBIL KHADER,

                For Petitioner  :SMT.K.GIRIJA

                For Respondent  :SMT.SHERLY THOMAS

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

 Dated :21/12/2010

 O R D E R
                K.M.JOSEPH & M.C.HARI RANI, JJ.
          ------------------------------------------------------
                  W.P.(C) No.36449 of 2010-E
             ----------------------------------------------
           Dated, this the 21st day of December, 2010

                           J U D G M E N T

K.M.Joseph, J.

The prayers in the writ petition are as follows:

“i) to issue a writ of mandamus or any other writ,

direction or order directing the respondents 1 to 4 to

afford necessary and adequate police protection to the

life and property of the petitioner and his family.

ii) to issue a writ of mandamus or any other writ,

direction or order directing respondents 1 to 4 to register

a crime against 5th respondent and her henchmen on the

basis of Exhibits P3 complaint.”

2. Petitioner is the husband of the 5th respondent.

Allegations are made against the 5th respondent whom the

petitioner married and divorced subsequently. The allegation

is of threat.

3. Though served there is no appearance for the

5th respondent. We heard the learned counsel for the

petitioner and also the learned Government Pleader.

The writ petition is disposed of directing that if the

petitioner complains of any threat to his life from the 5th

WPC 36449/2010 -2-

respondent before the 4th respondent, the 4th respondent will

look into the complaint and if the complaint is found to be

genuine, he shall provide protection to the life of the petitioner

as and when required as against the 5th respondent.

(K.M.JOSEPH)
JUDGE.

(M.C.HARI RANI)
JUDGE.

MS