IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 14372 of 2008(J) -------------------------- PETITIONER: ------------ YESUDASAN, S/O. KUZHANTHAVELU, KOVILUVILA VEEDU, KARODU DESOM, NEYYATTINKARA. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, POZHIYOOR, NEYYATTINKARA. 2. NESAMONY, S/O. PONNAYYAN NADAR, ENNAVILA VEEDU, KARODU VILLAGE, NEYYATTINKARA. 3. NESHAYYAN, S/O. PONNAYYAN NADAR, ENNAVILA VEEDU, KARODU VILLAGE, NEYYATTINKARA. 4. BHAGYA MUTHU, D/O. SWARNAMUTHU, NELLIKKAM VILA VEEDU, KARODU VILLAGE, NEYYATTINKARA. 5. KANAKARAJ, S/O. NESHAYAN, ENNAVILA VEEDU, KARODU VILLAGE, NEYYATTINKARA. 6. LEELA, ENNAVILA VEEDU, KARODU VILLAGE, NEYYATTINKARA. BY ADV.SRI.N.MAHESH R2 TO R6 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE F.I.R IN CRIME NO.54/08 OF POZHIYOOR POLICE STATION. EXT.P2: COPY OF THE COMPLAINT DATED 10.4.2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. --------------------------------------------------- W.P.(C) No.14372 OF 2008 ------------------------------------ Dated this the 10th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court seeking protection to his life and that of his aged mother from the alleged threat of respondents 2 to 6. Petitioner submits that the said respondents are close relatives of his wife. Under their influence, she was frequently deserting him and living in her house. The marriage was solemnized as early as in 1985. Even now, she occasionally deserts him and fed up with the conduct, the petitioner has filed a petition before the Family Court, seeking restitution of conjugal rights. Infuriated by this action of the petitioner, respondents 2 to 6 came to his house and committed theft of six cows. Though a complaint was filed before the Police, no action was taken. So he moved the Criminal Court by filing a complaint. The same was forwarded under Section 156(3) of Cr.P.C to the police. Pursuant to the same, Ext.P1, crime was registered. Again, unhappy with the registration of the crime, the party respondents trespassed into W.P.(C)No.14372/2008 2 the house of the petitioner on 8.4.2008 and threatened him and his aged mother. Though he filed Ext.P2 representation before the police, no action was taken. So, this writ petition is filed seeking appropriate reliefs. 2. Learned Government Pleader upon instructions, submitted that the dispute is between close relatives. Police upon investigation, found that the information based on which Ext.P1 crime was registered was false. According to the police, the allegations made by the petitioner are unfounded. Now the husband and wife are living together. The party respondents also denied the allegations against them. They submitted that they have no intention to physically harm the petitioner. The submission made on behalf of respondents 2 to 6 that they have no intention to attack or harm the petitioner is recorded and this writ petition is disposed of. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps