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Kerala High Court

Deepa vs State Of Kerala on 18 July, 2017

Author: Sunil Thomas

Bench: Sunil Thomas

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     TUESDAY, THE 3RD DAY OF OCTOBER 2017/11TH ASWINA, 1939

                   Crl.MC.No. 5634 of 2017 ()
                   ---------------------------
    CRIME NO. 456/2017 OF PATTAMBI POLICE STATION , PALAKKAD

PETITIONER(S)/ACCUSED:
---------------------
           DEEPA
            W/O.HARISH, 35 YEARS,
           RESIDING AT NO.15, VIDYA COLONY,
            EDAYARPALAYAM ROAD, KOUNDARPALAYAM POST, COIMBATORE,
            TAMILNADU.

           BY ADV. SRI.N.S.DAYA SINDHU SHREE HARI

RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
--------------------------------------------
          1. STATE OF KERALA
           REPRESENTED BY THE SUB INSPECTOR OF POLICE,
           PATTAMBI POLICE STATION, PALAKKAD,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM-682031.

          2. DISTRICT POLICE CHIEF
           PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM-682031.

          3. SUPERINTENDENT OF POLICE (LAW AND ORDER)
           COIMBATORE DISTRICT, TAMIL NADU-641009.

          4. SREEKUMARAN
           S/O.SEKHARA MENON, AGED 70 YEARS, DARSANA, PERADIYUR,
           VILAYUR, PATTAMBI, PALAKKAD, KERALA-679303.

          5. HARISH
           S/O.KRISHNANKUTTY NAIR, AGED 45 YEARS, DARSANA,
           PERADIYUR, VILAYUR, PATTAMBI,
           PALAKKAD, KERALA-679303.

           R BY PUBLIC PROSECUTOR:SRI T R RANJITH

       THIS CRIMINAL MISC. CASE  HAVING COME UP FOR ADMISSION  ON
03-10-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 5634 of 2017 ()




                            APPENDIX




PETITIONER(S)' EXHIBITS

ANNEXURE A1        TRUE COPY OF THE FIR REGISTERED AS CRIME
NO.456/2017  DATED   18-07-2017 OF   PATTAMBI  POLICE   STATION,
PALAKKAD.

ANNEXURE A2    NOTARISED AFFIDAVIT SWORN BY PETITIONER DATED 05-
08-17.




RESPONDENT(S)' EXHIBITS:NIL




                                        True Copy / P A to Judge



                        SUNIL THOMAS, J.
                      =================
                   Crl.M.C.No.5634 of 2017
                      =================
               Dated this the 3rd day of October, 2017

                              ORDER

The father of the petitioner herein had laid a complaint alleging that the petitioner herein was missing. According to the petitioner herein, she is not missing or absconding and is not under any illegal detention. Her grievance is that under the guise of the above complaint, she is being harassed by the police. On the other hand, learned Public Prosecutor on instructions submitted that the petitioner herein has to be produced before the magistrate pursuant to the complaint and she is not prepared to comply with the direction of the police. She expressed her willingness to appear before the magistrate but, did not turn up later.

2. In the light of above, I am inclined to direct the petitioner herein to appear before the jurisdictional magistrate on 07.10.2017, whereupon the magistrate shall record her statement in Crime No.456 of 2017 of Pattambi Police Station. This will be treated as notice to the SHO for taking necessary action also.

In the light of the above direction, I feel that further grievance of the petitioner herein cannot survive. Hence, Crl.M.C is closed.

Sd/-

SUNIL THOMAS Judge Sbna/3/10/17 True Copy / P A to Judge