IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 20944 of 2010(P) ------------------------------------- PETITIONER(S): --------------------- 1. AMINA, AGED 62 YEARS, W/O.LATE HAMSA, POKALAKKARAN HOUSE, 2ND STREET, CHANDRA NAGAR P.O., PALAKKAD DISTRICT. 2. USMAN, AGED 31 YEARS, S/O.HAMZA, POKALAKKARAN HOUSE, 2ND STREET, CHANDRA NAGAR P.O., PALAKKAD DISTRICT. 3. ASIYA, W/O.RASHEED, AGED 24 YEARS, POKALAKKARAN HOUSE, 2ND STREET, CHANDRA NAGAR P.O., PALAKKAD DISTRICT. 4. FASILA, AGED 36 YEARS, W/O.USUS A.H., POKALAKKARAN HOUSE, 2ND STREET, CHANDRA NAGAR P.O., PALAKKAD DISTRICT. BY ADV. SRI.ALAN PAPALI RESPONDENT(S): ------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME RECORD BUREAU (DCRB), KOLLAM - 683 841. 2. SAILESH, SUB INSPECTOR OF POLICE, DISTRICT CRIME RECORD BUREAU, KOLLAM - 683 841. 3. ASEEDA, D/O.SHIHABUDEEN, HILL VIEW, 193, BHARATH NAGAR, ERAVIPURAM P.O., KOLLAM DISTRICT - 683 852. 4. SHIHABUDEEN, S/O.MOHAMMED ABDULLA KADER, HILL VIEW, 193, BHARATH NAGAR, ERAVIPURAM P.O., KOLLAM DISTRICT - 683 852. 5. NAJEEB SHIHABUDEEN, S/O.SHIHABUDEEN, HILL VIEW, 193, BHARATH NAGAR, ERAVIPURAM P.O., KOLLAM DISTRICT - 683 852. 6. ASIF SHIHABUDEEN, S/O.SHIHABUDEEN, HILL VIEW, 193, BHARATH NAGAR, ERAVIPURAM P.O., KOLLAM DISTRICT - 683 852. 7. SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM DISTRICT - 683 852. R1, R7 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.20944 of 2010-P ---------------------------------------------- Dated, this the 12th day of July, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking the following reliefs:-- “i. to issue a writ in the nature of mandamus, order or direction directing the respondents 1 and 2 not to threaten and harass the petitioners and their family members at the instance of respondents 3 to 6. ii. to issue a writ in the nature of mandamus, commanding the respondents 1, 2 and 7 to grant adequate and meaningful police protection to the life of the petitioners from the threat of respondents 4 to 6.” 2. Briefly put, the case of the petitioners is as follows: Petitioners are mother, brother, sister and wife of Unus A.H who married the 3rd respondent. There are various allegations made in paragraph 2 of the writ petition and in substance it is stated that the relationship between the Ist petitioner's son Unus A.H and the 3rd respondent was strained. He pronounced Talak. It is communicated by Ext.P1. The 3rd WPC No.20944/2010 -2- respondent complained of commission of offence under Section 498A read with Section 34 of Indian Penal Code against the Ist petitioner and her son and daughter and no crime was registered. Subsequently, a private complaint was filed before the Judicial First Class Magistrate-II, Kollam which is referred under Section 156 (3) of the Cr.P.C. Crime was registered. Anticipatory bail was granted by Ext.P2. Petitioners moved Criminal M.C. to quash the F.I.R. Ext.P3 is the order dated 18.6.2010 by which stay is extended. The Ist petitioner's son filed writ petition complaining harassment and culminated in Ext.P4 judgment. At present petitioners are before this Court complaining of harassment. 3. Learned Government Pleader who got instruction in the matter would submit that the stay order granted in Crl.M.C.1335/2010 had expired on 20.6.2010 and the order extending stay was not produced and that on 28.6.2010 the Sub Inspector of Police had questioned the Secretary of the Mukra Palli Hanafi Jamia Masjid and statement was recorded. Neither the petitioners nor the family members were summoned for questioning and Ext.P3 WPC No.20944/2010 -3- order was produced on 7.7.2010. He would submit that there can be no question of harassment and the petitioners will not be harassed and that as and when questioning becomes possible and necessary it shall be done only after issuing notice under Section 160 Cr.P.C. We record the said submission and close the writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS