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 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 14828 of 2008(M) ----------------------------------------- PETITIONER: -------------------- SAINABA, W/O MUHAMMED BASHEER, KIZHAKKEPEEDIACKAL HOUSE, ALINGAL P.O., TRIPRANGODE, TIRUR. BY ADV. SRI.A.KRISHNAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME AFFAIRS TRIVANDRUM. 2. THE CIRCLE INSPECTOR OF POLICE,TIRUR. 3. THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION. 4. MUHAMMED, S/O ENTHEENKUTTY, KIZHAKKEPEEDIYAKKAL, TRIPRANGODE AMSOM DESOM, TRIPRANGODE P.O., TIRUR TALUK. 5. ENTHEENKUTTY, S/O MUHAMMED, KIZHAKKEPEEDIYAKKAL, TRIPRANGODE AMSOM DESOM, TRIPRANGODE P.O., TIRUR TALUK. 6. UNNIKRISHNAN, P.C.NO.2653, POLICE CONSTABLE, TIRUR POLICE STATION. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL BY ADV. SRI.K.P.SUDHEER - R4-5 SRI.V.C.MADHAVANKUTTY - R4-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14828/2008 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FIR IN CRIME NO.390/08 OF TIRUR POLICE STATION. EXT.P2: COPY OF THE COMPLAINT FILED BEFORE THE CIRCLE INSPECTOR OF POLICE, TIRUR. EXT.P3: COPY OF THE WOUND CERTIFICATE ISSUED BY THE DOCTOR OF GOVERNMENT TALUK HOSPITAL, TIRUR DTD. 12/04/08. EXT.P4: COPY OF THE NEWS PAPER REPORT PUBLISHED IN DESABHIMANI DAILY DTD. 13/04/08, ABOUT THE INCIDENT. RESPONDENT'S EXHIBITS: EXT.R5(A): COPY OF PLAINT DTD. 4/2/2004 IN OS.NO.37/2004 FILED BY 5TH RESPONDENT'S WIFE BEFORE THE MUNSIFF'S COURT, TIRUR. EXT.R5(B): COPY OF ORDER DTD. 17/01/2008 IN WP(C) NO.37810/2007 PASSED BY THIS HON'BLE COURT. EXT.R5(C): COPY OF FIR DTD. 12/04/2008 IN CRIME NO.388/08 OF TIRUR POLICE STATION. /TRUE COPY/ P.S.TO JUDGE Kss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 14828 OF 2008 ============================ DATED THIS THE 27TH DAY OF MAY 2008 JUDGMENT Balakrishnan Nair,J. The petitioner has approached this Court seeking a direction to the 2nd respondent to take action on Ext.P2 representation and thereby provide adequate protection to the life and property of the petitioner from the threat of respondents 4 and 5 and their men. The petitioner submits that there is some dispute between the petitioner's husband and the 5th respondent's wife Smt.Thithikutty. A suit filed by the said lady is pending before the competent court. While so, the petitioner's husband was attacked on 12-4-2008 at 9 a.m. and Crime No.390 of 2008 was registered by Thirur police against respondents 4 and 5 for the offences under Sections 447, 324 and 506(ii) of the Indian Penal Code. The allegation is that her husband was attacked using a knife like sword. Pursuant to the said attack, her husband was hospitalised. While so on the night of 17-4-2008, respondents 4 and 5 along with three others came to the house of the petitioner and they caused extensive damage to her house. They shouted threatening words against the petitioner. They said that they will kill her husband. WPC. 14828/2008 -2- Therefore, the petitioner filed Ext.P2 representation before the Circle Inspector of Police. Thereafter, this writ petition is filed seeking the appropriate reliefs. 2. Respondents 4 and 5 have filed a counter affidavit denying all the allegations raised against them. They submitted that the writ petition is filed at the instance of the petitioner's husband. The suit filed by Smt.Thithikutty is O.S.No.37/2004, which is in the ready list of Munsiff Court, Tirur and not O.S.No.600/2008 as contended by the petitioner. The petitioner's husband committed theft of coconuts from the coconut trees standing in the plaint schedule property in that suit. So Crime No.72/2004 was registered against him under Sections 447, 324 and 379 I.P.C. Further on 12-4-2008, Crime No. 388/2008 has been registered against the petitioner's husband as evident from Ext.R5(c) F.I.R. The offences alleged against him are those under Sections 447 and 324 I.P.C. The allegation is that he attacked the 5th respondent using a sword stick. The said crime was registered earlier to crime No. 390/2008, it is submitted. The petitioner has suppressed the registration of the crime against her husband. It is further submitted that the 5th respondent is a retired school teacher, aged 71 and false allegations have been made against him to get protection for the illegal action of the petitioner's husband. WPC. 14828/2008 -3- 3. The petitioner has filed a reply affidavit disputing the contentions in the counter affidavit. She has also produced the accident register-cum-wound certificate concerning the petitioner's husband dated 12-4-2008 and also a newspaper report published in the Deshabhimani daily dated 13-4-2008. 4. We heard learned counsel on both sides. Having regard to the nature of the allegations and counter allegations, we feel that this is not a fit case where we should invoke our discretionary jurisdiction to direct the police to grant protection to the petitioner. But this will not affect the powers of the police to take appropriate action in accordance with law, if any cognizable offence is reported. Further, if the petitioner has to redress her grievance , she can invoke the ordinary remedies available under law by moving the competent civil/criminal court. Subject to the above observation, this writ petition is dismissed. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI JUDGE ks. TRUE COPY WPC. 14828/2008 -4- ks.