IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 3835 of 2008(F) ------------------------- PETITIONER: ------------ JAYAPRAKASH, S/O.GANGADHARAN, KUZHIVILA VEEDU, VELAMANOOR P.O., PARIPPALLY, KOLLAM DIST. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENTS: ------------- 1. SUDHI, S/O.GANGADHARAN, THAIVILA, CHIRAKKARA P.O., CHIRAKKARA, KOLLAM DIST, PIN: 691578. 2. SHEELA, D/O.GANGADHARAN, M.S.LAND, KOVOOR, PALAYAMKUNNU P.O., VARKALA, CHEMMARUTHY VILLAGE. 3. SHIJU, S/O.GOPINATHAN, M.S.LAND, KOVOOR, PALAYAMKUNNU P.O., VARKALA, CHEMMARUTHI VILLAGE. 4. AJI, S/O.PANAYIL PRABHAVATHY, SHEBABHAVAN, PANAYAM, EROOR P.O. KOLLAM DIST. 5. SUB INSPECTOR OF POLICE, PARIPALLY POLICE STATION, KOLLAM DIST. 6. STATE OF KERALA, REP. BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.T.H.ABDUL AZEEZ – R1 TO R3 GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 3835/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - THE TRUE PHOTO COPY OF THE REPRESENTATION DATED 18.01.2008. RESPONDENTS' EXTS. EXT.R1(a) – TRUE COPY OF O.S.NO.310/2006 OF THE FAMILY COURT, KOLLAM. EXT.R1(b) – TRUE COPY OF O.P.(HMA) NO.603/06 OF THE FAMILY COURT, KOLLAM. EXT.R1(c) – TRUE COPY OF O.S. 381/06 BEFORE THE FAMILY COURT, KOLLAM. EXT.R1(d) – TRUE COPY OF COMPLAINT. EXT.R1(e) – TRUE COPY OF PETITION DT. 10.10.2006 BEFORE THE VANITHA COMMISSION. EXT.R1(f) – TRUE COPY OF MARRIAGE CERTIFICATE FOR THE PETITIONER'S SECOND MARRIAGE DT. 15.11.2007. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 3835 OF 2008-F ----------------------------------------- Dated 14th February, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, seeking protection to his life and property from respondents 1 to 4. The respondents 1 and 2 are respectively his brother and sister. The 3rd respondent is his sister's son. The 4th respondent, according to the petitioner, is a goonda. The respondents 1 to 3 would submit that while the petitioner was having a wife and three children, he again married. One of the daughters has filed complaints against the petitioner, accusing him of sexual harassment. The wife and children of the petitioner are not parties here, who are the persons aggrieved by his commissions and omissions. The party respondents herein are only helping them and they deny the allegations against them. 2. The learned Government Pleader, upon instructions, submitted that the police have received complaints against the petitioner, filed by his daughter and a crime has been registered against him for sexual harassment. WPC 3835/2008 2 Though, the petitioner filed a complaint before the criminal court, which was forwarded to the police under Section 156(3) of the Cr.P.C., the same was referred after investigation, on finding that the complaint was false. 3. Having regard to the nature of the allegations of the respondents against the petitioner, we feel that this is not a fit case where this Court should invoke its discretionary jurisdiction under Article 226 of the Constitution of India and grant protection to the petitioner. He may invoke the ordinary remedies available to him under the Codes of Criminal Procedure and Civil Procedure. Accordingly, the writ petition is dismissed without prejudice to the contentions of both sides. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/