IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 18454 of 2008(V) -------------------------- PETITIONERS: ------------ 1. SHIJI UTHAMAN, W/O.UTHAMAN (S/O.LATE PURUSHOTHAMAN), CHAKALAYIL HOUSE, AROOKUTTY, VADUTHALA, ALAPUZHA DISTRICT. 2. MINI AUGUSTINE, W/O.AUGUSTINE, PALLIPARAMBIL, CHILAVANNUR, KADAVANTHRA, KOCHI. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON RESPONDENTS: ------------- 1. THE COMMISSIONER OF POLICE, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, ERNAKULAM. 3. THE SUB INSPECTOR OF POLICE, AROOR POLICE STATION, AROOR, ALAPUZHA. 4. UTHAMAN, S/O.LATE PURUSHOHAMAN, CHAKALAYIL HOUSE, AROOKUTTY, VADUTHALA, ALAPUZHA DISTRICT. BY ADV.SRI.R.MURALEEKRISHNAN – R4. SR.GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 18454/2008 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF THE PASS BOOK. EXT.P2 - TRUE COPY OF THE REPRESENTATION DATED 16.6.08. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 18454 OF 2008-V ----------------------------------------- Dated 2nd July, 2008. JUDGMENT Balakrishnan Nair, J. The 1st petitioner is the wife of the 4th respondent. The 2nd petitioner is her friend. The 1st petitioner and the 4th respondent were married in 1994 and two children were born to them. Because of the incessant harassment from the part of the 4th respondent, the 1st petitioner thought of even ending her life. But, the 2nd petitioner saved her and persuaded her to lead a normal life. Now, the 1st petitioner has a proper shelter and is living peacefully with the help of the 2nd petitioner. But, the 4th respondent is harassing her parents, to find her whereabouts, so that he can come, harass her and even do away with her, to snatch her properties. In the above background, the 1st petitioner filed Ext.P2 petition before the police, seeking necessary protection to her and her friend, the 2nd petitioner. Thereafter, this Writ Petition is filed, seeking appropriate reliefs. 2. The 4th respondent denies all the allegations against him. He WPC 18454/2008 2 submits, the 1st petitioner has deserted him without any justifiable reason. So, he has moved the police and they have registered a crime for man missing. 3. The learned Government Pleader, upon instructions, submitted that based on the complaint filed by the 4th respondent, a crime has been registered for man missing, as the 1st petitioner could not be traced by her husband. 4. The 4th respondent submitted that he has no intention, whatsoever, to harass the petitioners or physically harm them. This submission is recorded. If there is any threat of violence against the petitioners, they may inform the respondents 2 and 3. In that event, the said respondents shall take appropriate action in accordance with law, as the occasion demands. In view of the above facts, the police may close the man-missing case, registered by them on the complaint of the 4th respondent. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/