Haseena Beevi v. The Superintendent of Police (Rural), Office of Superintendent of Police, PMG Junction, Vikashbhavan, Thiruvananthapuram & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943** ## **WP(C).No.3790 OF 2021(W)** ## **PETITIONER:** **HASEENA BEEVI AGED 34 YEARS** **W/O. KAHARUDHEEN, VALIYAVILAKATHU VEEDU, VANDITHADAM, PUTHUSSERIMUKKU, KALLAMBALAM, THIRUVANANTHAPURAM 695 318** **BY ADV. SRI.LIJU. M.P** ## **RESPONDENTS:** - **1 THE SUPERINTENDENT OF POLICE (RURAL) OFFICE OF SUPERINTENDENT OF POLICE, PMG JUNCTION, VIKASBHAVAN, THIRUVANANTHAPURAM 695 033** - **2 THE DEPUTY SUPERITNENDENT OF POLICE, OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM 695 101** - **3 THE SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, KALLAMBALAM, THIRUVANANTHAPURAM 695 318** - **4 ILYAS AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, RASIM MANZIL, VANDITHADAM, PUTHUSSERIMUKKU, KALLAMBALAM, THIRUVANANTHAPURAM 695 318** - **5 SYEDA RAJEEF, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, RAJEEF MANZIL, VANDITHADAM, PUTHUSSERIMUKKU, KALLAMBALAM, THIRUVANANTHAPURAM 695 318** ## **ADDL.R6 IMPLEADED** **WP(C).No.3790 OF 2021(W)** 2 **ADDL. ADDL.R6. THE STATION HOUSE OFFICER, R6 KALLAMBALAM POLICE STATION, KALLAMBALAM, THIRUVANANTHAPURAM - 695 318.** **(ADDL.R6 IS IMPLEADED AS PER ORDER DATED 17.02.2021 IN I.A.1/2021 IN WP(C)NO.3790/2021.)** **R1-R3&R6 BY GOVERNMENT PLEADER SRI SUNIL NATH N.B** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.3790 OF 2021(W)** 3 ## **JUDGMENT** The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to take necessary action on Exts.P2 and P4 complaints dated 27.01.2021 and 03.02.2021 made by the petitioner and to see that the petitioner and her family are adequately protected from any threat, harassment and assault from respondents 4 and 5 and their men. Going by the averments in the writ petition, respondents 4 and 5 are the petitioner's neighbours who alleged to have trespassed into her house, abused her with filthy words and assaulted her. The petitioner submitted Ext.P2 complaint before the 2[nd] respondent Deputy Superintendent of Police, followed by Ext.P4 complaint dated 03.02.2021 before the 1[st] respondent Superintendent of Police (Rural). Thereafter, the petitioner moved this writ petition before this Court seeking the aforesaid relief. 2. On 17.02.2021, when this writ petition came up for admission, the Station House Officer, Kallambalam Police Station was impleaded additional 6[th] respondent. The learned Government Pleader took notice on admission for respondents 1 to 3 and also **WP(C).No.3790 OF 2021(W)** **==> picture [7 x 7] intentionally omitted <==** for the additional 6[th] respondent. Urgent notice on admission by speed post was ordered to respondents 4 and 5, returnable within two weeks. Having considered the averments in the writ petition and also the submission made by the learned counsel on both sides, this Court granted an interim order directing the additional 6[th] respondent Station House Officer to see that there is no threat to law and order in the locality, either at the instance of respondents 4 and 5 or at the instance of the petitioner. 3. Along with the memo filed by the learned Government Pleader, report of the additional 6[th] respondent Station House Officer is placed on record, wherein it is stated that the petitioner is the 1[st] accused in Crime No.242 of 2018 of Kallambalam Police Station for the offences punishable under Sections 306 and 34 of the Indian Penal Code, which is one registered in connection with the suicide of her mother-in-law. Her husband Khaharudheen is the 2[nd] accused in that crime. Respondents 4 and 5 and other neighbours were questioned by the Police. All of them gave statement against the petitioner. That case is now under trial as S.C.No.591 of 2019. The petitioner filed a complaint before the Judicial First Class Magistrate Court-III, Attingal alleging outraging **WP(C).No.3790 OF 2021(W)** **==> picture [7 x 7] intentionally omitted <==** her modesty. The Magistrate Court forwarded the complaint to Kallambalam Police Station, under Section 156(3) of the Criminal Procedure Code, 1973 and the Police has registered Crime No.400 of 2019, for offence punishable under Sections 143, 147, 451, 354, 506(ii) and 509 of the Indian Penal Code, 1860. After completing the investigation, charge sheet was submitted and the case is under trial as C.C.No.1703 of 2020. The 4[th] respondent is the 6[th] accused in that case. Other accused are the relatives of her husband and neighbours. 4. Heard the learned counsel for the petitioner and also the learned Government Pleader for respondents 1 to 3 and the additional 6[th] respondent. Despite service of notice, none appears for respondents 4 and 5. 5. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the **WP(C).No.3790 OF 2021(W)** **==> picture [7 x 7] intentionally omitted <==** administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law. 6. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house **WP(C).No.3790 OF 2021(W)** 7 without authority. They must not use more force than the occasion warrants." 7. In **Manohar Lal Sharma v. Principal Secretary [(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . 8. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this Court finds that the petitioner is the accused in Crime No.242 of 2018 of Kallambalam Police Station and the 4[th] respondent is the accused in Crime No.400 of 2019 of Kallambalam Police Station. On 17.02.2021, this Court directed the additional 6[th] respondent Station House Officer to take necessary steps to ensure that there is no threat to law and order in the locality, either at the instance of respondents 4 and 5 or at the instance of the petitioner. 9. In case there is any threat to law and order in connection with any dispute between the petitioner and **WP(C).No.3790 OF 2021(W)** **==> picture [7 x 7] intentionally omitted <==** respondents 4 and 5, it is for the petitioner to bring it to the notice of the 6[th] respondent Station House Officer by submitting a proper complaint, in which event, the said respondent shall take necessary action on that complaint, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. The writ petition is disposed of as above. ## **Sd/-** ## **ANIL K.NARENDRAN** **JUDGE** JV **WP(C).No.3790 OF 2021(W)** 9 ## **APPENDIX** ||**APPENDIX**| |---|---| |**PETITIONER'S/S**|**EXHIBITS:**| |**EXHIBIT P1**|**TRUE COPY OF THE FIR IN CRIME NO.**| ||**400/2019 OF KALLAMBALAM POLICE STATION**| |**EXHIBIT P2**|**TRUE COPY OF THE COMPLAINT DATED 27-01-**| ||**2021 ADDRESSED TO THE 2ND RESPONDENT**| |**EXHIBIT P3**|**TRUE COPY OF THE RECEIPT DATED 27-01-2021**| ||**ISSUED FROM THE OFFICE OF 2ND RESPONDENT**| |**EXHIBIT P4**|**TRUE COPY OF THE COMPLAINT DATED 03-02-**| ||**2021 ADDRESSED TO THE 1ST RESPONDENT**| |**EXHIBIT P5**|**TRUE COPY OF THE POSTAL RECEIPT DATED 03-**| ||**02-2021 ADDRESSED TO 1ST RESPONDENT**| |**EXHIBIT P6**|**TRUE PHOTOGRAPH TAKEN FROM CCTV RECORDING**|