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2021 Supreme(Online)(KER) 25154
HIGH COURT OF KERALA
Devan Ramachandran, J
RAVEENA VENUGOPAL – Appellant
Versus
THE STATION HOUSE OFFICER – Respondent
WP(C)/26369/2021
K.R.VINOD, M.S.LETHA, K.S.SREEREKHA
Protection against harassment during legal proceedings must consider the vulnerable status of individuals involved.
Headnote:
Domestic Violence - Respondent's Harassment - Code of Criminal Procedure - Section 41A - Court mandates notice prior to summons and protects pregnant petitioner.
Fact of the Case:
The petitioners, consisting of a father and his heavily pregnant daughter, allege that the daughter's husband has deserted her, subjected her to dowry demands, and is now in an extramarital affair. They assert that the police have been harassing them at the behest of the husband.
Finding of the Court:
The court finds the claims of police harassment against the petitioners to be unsupported, recognizing the need to protect the pregnant petitioner by limiting summonses from the police in accordance with procedural safeguards.
Issues: Whether the police's summons to the petitioners is justified and whether the pregnant petitioner should be protected from harassment.
Ratio Decidendi: Section 41A of the Code of Criminal Procedure requires that notice must be issued prior to summoning the petitioners to the police station, particularly considering the vulnerable condition of the first petitioner.
Final Decision: The writ petition is ordered to protect the petitioners from police harassment and to ensure summons only follows prior notice.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943 WP(C) NO. 26369 OF 2021 PETITIONERS:
1 RAVEENA VENUGOPAL AGED 25 YEARS D/O.VENUGOPAL, KANJEERI HOUSE, KURUMBATHUR P.O., TIRUR, MALAPPURAM PIN 676 301
2 VENUGOPAL K.
AGED 56 YEARS S/O.GOPALAN NAIR, KANJEERI HOUSE, KURUMBATHUR P.O., TIRUR, MALAPPURAM PIN 676 301 BY ADVS.
K.R.VINOD M.S.LETHA K.S.SREEREKHA RESPONDENTS:
1 THE STATION HOUSE OFFICER VALANCHERRY POLICE STATION, TIRUR, MALAPPURAM PIN 678
683
2 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, MALAPPURAM, PIN
676 122
3 MANIKANDAN AGED 31 YEARS S/O.NARAYANAN, ANIMANGALAM HOUSE, VALANCHERRY, POOKATTIRI, TIRUR, MALAPPURAM PIN 676 552 SRI. E.C. BINEESH .G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioners are daughter and father and they submit that the 3rd respondent is the husband of the 1st petitioner. They say that the 1st petitioner is now 9 months pregnant and has been deserted by the 3rd respondent, who has physically and mentally tortured her with demands of dowry. They say that even though FIR No.444/2021 has been registered against the 3rd respondent and his mother by the Kalpakancheri Police Station, Malappuram, he has not ceased to threaten and intimidate her and that it has now become worse, because he is now involved in an extra marital relationship with another lady.
2. The petitioners say that even though they are the victims, they are now being harassed by the 1st respondent – Station House Officer, presumably being influenced by the 3rd respondent, by being constantly summoned to the police station and that this is putting an extreme strain to the 1st petitioner, who, as said above, is now 9 months pregnant. They, therefore, pray that the 1st respondent be directed not to harass them in any manner whatsoever in future.
3. The learned Government Pleader –
Sri.E.C.Bineesh, submitted that the allegation of the petitioners against the police is completely without basis because they were only acting as per law, when they received a complaint from the 3rd respondent. He added that the investigation has not revealed any culpability on the part of the petitioners and that they have not been arrayed as an accused in any Crime until now.
4. I notice from the files that the summons issued from this Court to the 3rd respondent has not been returned. However, in view of the afore submissions of the learned Government Pleader, I am of the opinion that this Court will be justified in disposing of this writ petition, since it will not cause to prejudice to him.
5. In the perspective of the submissions made by the learned Government Pleader as afore, I am certain that this Court will be justified in recording the same and protecting the petitioners with an order that they shall be summoned only after being issued notice. In the afore circumstances, I order this writ petition to the extent of directing the 1st respondent to summon the petitioners to the police station, with respect to any complaint filed or to be filed by the 3rd respondent, only after being issued with a notice under Section
41A of the Code of Criminal Procedure .
As far as the 1st petitioner is concerned, the 1st respondent shall refrain from calling her to the police station, because she is now 9 months pregnant and if any statement needs to be taken from her, the same shall be done at her residence, after issuing her the afore notice.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS/17/12/2021 APPENDIX OF WP(C) 26369/2021 PETITIONERS' EXHIBITS Exhibit P1 THE COPY OF THE FIR AND FI STATEMENT IN F.I.R NO.444/2021 OF KALPAKANCHERRY POLICE STATION
