IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 28894 of 2010(J) -------------------------- PETITIONER(S): --------------- 1. AMINA, AGED 18 YEARS, D/O.ABDUL NAZAR, HAFZA MANZIL, CANAL WARD, ALAPPUZHA. 2. ABDUL NAZAR, HAFZA MANZIL, CANAL WARD, ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION. 2. THE SUB INSPECTOR OF POLICE, BADAGARA POLICE STATION. 3. FAIZAL, AGED 31 YEARS, AYIRODI, QUARTERS, MAYYANNUR, VILLYAPALLY, BADAGARA, KOZHIKODE.673 101 4. MUHAMMED, S/O.MOIDEEN, MADATHUKANDY HOUSE, KOTTACKAL P.O., IRINGAL BADAGARA, KOZHIKODE.673 101 ADV. GOVERNMENT PLEADER FOR R1-R2 SRI.T.K.VIPINDAS SRI.M.SASINDRAN FOR R3,4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.NO.28894 OF 2010 PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE F.I.R IN CRIME NO.726/2010 OF ALAPPUZHA NORTH POLICE STATION. EXT.P2: TRUE COPY OF THE COMPLAINT DATED 11/09/2010 SUBMITTED TO THE 1ST RESPONDENT BY THE PETITIONER. EXT.P3: TRUE COPY OF THE RECEIPT DATED 11/9/2010 ISSUED TO THE PETITINER. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.28894 of 2010 ---------------------------------------- Dated this the 18th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) Issue a writ of mandamus or any other appropriate writ or order commanding the 1st respondent to give adequate police protection to the life of the petitioners. ii) Issue a writ of mandamus or any other appropriate writ or order commanding the 1st respondent to seize the passport of the 1st petitioner from the custody of the accused in Ext.P1 F.I.R. 2. Briefly put, the case of the petitioner is as follows: 3. The 1st petitioner was a plus two student in a school in Qatar wherein she was staying with her family members. Her father, the 2nd petitioner, was running a business there. The 1st petitioner got acquainted with one Nijas, who is a close relative of respondents 3 and 4. Though the said Nijas expressed his love to her, she was hesitant. But, ultimately she began to W.P.C.No.28894 of 2010 2 respond to his overtures positively. The 1st petitioner returned to Kerala along with her parents. Ultimately, the said Nijas prevailed upon her and made her agree to have a meeting with him at Alappuzha. But to the shock of the 1st petitioner, she was forcibly taken to Kozhikode in a car. By holding out threats with the help of respondents 3 and 4, the said Nijas coerced the 2nd petitioner to give consent for the marriage with the 1st petitioner. There was a marriage ceremony. The 1st petitioner kept silent out of fear. On reaching Alappuzha, the 1st petitioner preferred a complaint on the basis of which Ext.P1 F.I.R was registered. It is stated that enraged by lodging of the complaint, the said Nijas and the 3rd respondent began to threaten the petitioners and to give ultimatum to withdraw the litigations. Though the 1st petitioner filed Ext.P2 complaint before the 1st respondent, there is inaction. 4. We have heard the learned counsel for the petitioners, the learned counsel appearing for respondents 3 and 4 and the learned Government Pleader. The learned counsel for respondents 3 and 4 would submit that respondents 3 and 4 have not threatened and they do not intend to threaten the W.P.C.No.28894 of 2010 3 petitioners. In the event of any threat to the lives of the petitioners from respondents 3 and 4 is brought to the notice of the 2nd respondent by the petitioners, the second respondent will look into it and if the complaint is found to be genuine, he shall afford protection to the lives of the petitioners as against respondents 3 and 4. 5. This writ petition is disposed of as above. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.28894 of 2010 4 W.P.C.No.28894 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010