Kerala High Court
Safiya vs State Of Kerala on 27 January, 2018
Author: K. Vinod Chandran
Bench: K.Vinod Chandran, Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 4TH DAY OF APRIL 2018 / 14TH CHAITHRA, 1940
WP(C).No. 3719 of 2018
PETITIONER:
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SAFIYA,
AGED 40 YEARS, W/O. YOUSUF BAGAVADIKANDY, KAYANNA P.O,
CALICUT DISTRICT, KOZHIKODE DISTRICT, PIN-673 526.
BY ADVS.SRI.SAJEEVAN KURUKKUTTIYULLATHIL
SRI.N.F.JOHN JOSEPH THOMAS
SRI.K.C.BINU
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY THE HOME SECRETARY, GOVERNMENT
SECRETARIATE THIRUVANANTHAPURAM, 695 001.
2. THE STATION HOUSE OFFICER,
PERUVANNAMKUZHY POLICE STATION, KOZHIKODE DISTRICT.
3. THE DISTRICT POLICE CHIEF,
KOZHIKODE RURAL, PIN-673 001
4. MUHAMMED EDAPPALLY,
AGED ABOUT 55 YEARS, S/O. POCKER HAJEE, VALIYALATH HOUSE,
VILATHAPURA, KUNINGAD P.O, PURAMERI VIA, NADAPURAM,
KOZHIKODE DISTRICT, PIN 673 503
5. SHUKKOOR,
AGED ABOUT 25 YEARS, S/O. MUHAMMED EDAPPALLY,
VALIYALATH HOUSE, VILATHAPURA, KUNINGAD P.O, PURAMERI
VIA, NADAPURAM, KOZHIKODE DISTRICT, PIN-673 503
6. NASEER,
AGED ABOUT 40 YEARS, C/O. MUHAMMED EDAPPALLY,
VALIYALATH HOUSE, VILATHAPURAM, KUNINGAD P.O, PURAMERI
VIA, NADAPURAM, KOZHIKODE DISTRICT, PIN-673 503.
7. RAMADASAN KUNIYIL,
AGED ABOUT 45 YEARS, THODERICHALIL, MARUTHERI, KAYANNA
P.O, KOZHIKODE DISTRICT, PIN-673 526
R1-3 BY SR GOVERNMENT PLEADER SRI P P THAJUDDIN
R7 BY ADV. SRI.BABU CHERUKARA
R4,R5 BY ADV. SRI.C.P.MOHAMMED NIAS
R4,R5 BY ADV. SMT.V.NAMITHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3719 of 2018 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT NO.
1551/2018/DR/G3 HAS ALSO ISSUED BY THE OFFICE OF
THE 3RD RESPONDENT ON 09.01.2018.
EXHIBIT P2 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT DATED 27/01/2018
RESPONDENTS EXHIBITS:
EXT.R4(a): TRUE COPY OF THE FIR DT 06.12.2017
EXT.R4(b): TRUE COPY OF THE WRITTEN ADMISSION OF THE PETITIONER'S HUSBAD DATED
21.11.2017
EXT.R4(c): TRUE COPY OF THE REPRESENTATION DT 08.12.2017 FILED B Y THE PETITIONER
BEFORE THE HON'BLE CHIEF MINISTER OF KERALA
EXT.R4(d): TRUE COPY OF THE REPLY DT 18.12.2017 SENT BY THE SECOND SECRETARY (CW)
EMBASSY OF INDIA, KUWAIT
EXT.R4(e): TRUE COPY OF THE COMPLAINT FILED BY THE 4TH RESPONDENT'S BROTHER BEFORE
THE PERAMBRA POLICE
EXT.R4(f): TRUE COPY OF THE RECEIPT OF COMPLAINT DT 01.01.2018 GIVEN BEFORE THE
PERUVANNAMUZHI POLICE STATION
EXT.R4(g): TRUE COPY OF THE ORDER OF THE COURT OF SESSION, KOZHIKODE DIVISION, DT
17.01.2018
EXT.R4(h): TRUE COPY OF THE PLAINT IN O.S. NO. 53/2018
EXT.R4(i): TRUE COPY OF THE REPRESENTATION DT 01.02.2018 MADE BY THE RESPONDENTS
BEFORE THE HON'BLE CHIEF MINISTER OF KERALA
jma
TRUE COPY
P A TO JUDGE
K. Vinod Chandran & Ashok Menon, JJ
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W.P(C) No. 3719 of 2018 L
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Dated this the 04th day of April, 2018
JUDGMENT
K. Vinod Chandran, J The petitioner claims that her husband has been employed in Kuwait for long years and now he is detained by respondents 4 and 5 from 18.11.2017. On 20.11.2017 the respondents 4 to 7 have trespassed into the petitioner's property and attempted to threaten her life and limb.
2. We see a counter affidavit filed on behalf of respondents 4 and 5 by the brother of the 4 th respondent. It is submitted that respondents 4 and 5 are now detained in Kuwait for reason of an embezzlement carried out by the petitioner's husband. It is stated that a supermarket was carried on by the respondents 4 and 5 along with a Kuwaiti national, which was managed by the petitioner's husband. For reason of a complaint raised by the Kuwaiti national, the 4th and 5th respondents are detained. They have not detained the husband of the petitioner, is the submission. It is also WPC.No. 3719/2018 :2: pointed out from Ext.R4(d) that the husband of the petitioner had confirmed at the Embassy of India at Kuwait that he was not under custody of the respondents 4 and 5 or any others. The 7 th respondent appears through Counsel and submits he has absolutely no connection with the transaction between the respondents 4 and 5 and the petitioner's husband. He is not involved in the alleged incident; is the submission.
3. The learned Senior Government Pleader submits on instruction that on a complaint being received from the petitioner, a crime has been registered as Crime No.289/17 of Peruvannamuzhi Police Station and now the crime is transferred to the Crime Branch CID. The accused are the respondents 4, 5 and 7 and one another person. Investigation is stated to be proceeding.
4. Whatever the complaint of respondents 4 and 5 against the petitioner's husband, that cannot lead to interference with the peaceful life of the petitioner. The respondents 4, 5 and 7 submit that they have not threatened or assaulted the petitioner nor do they intend to do so. 6th respondent does not appear despite WPC.No. 3719/2018 :3: service. If any complaint is raised by the petitioner as to threat or assault, necessarily the police shall enquire into it and take appropriate action in accordance with law, to avert the same ensuring no harm is caused to the petitioner.
With the above directions, writ petition is disposed of. No costs.
Sd/-
K. Vinod Chandran, Judge Sd/-
Ashok Menon, Judge jma