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2014 Supreme(Online)(KER) 6685
HIGH COURT OF KERALA
ASHOK BHUSHAN, CJ, A.M.SHAFFIQUE, J
VAHIDA NIZAR – Appellant
Versus
CIRCLE INSPECTOR OF POLICE, POOVAR – Respondent
WRIT PETITION (CIVIL) 26906/2014
Adequate police protection is mandated when threats to life are alleged, necessitating a prompt response to complaints.
Headnote:
Protection - Mandamus - Acts and Sections Referred: Police Protection; Threats - Summary: The court interpreted the necessity for adequate police protection under the principles governing personal safety and the handling of complaints involving threats, thereby directing police to act on any future complaints from the petitioner.
Fact of the Case:
The petitioner sought police protection from threats made by respondents who had taken blank cheques from her, alleging that this act led to threats against her and her minor daughter.
Finding of the Court:
The court acknowledged ongoing investigations regarding allegations between the parties but emphasized that police must respond to any new complaints made by the petitioner concerning threats or attempts against her safety.
Issues: Whether the petitioner is entitled to police protection against perceived threats from respondents.
Ratio Decidendi: The court reinforced the principle that police must provide protection when a legitimate complaint concerning threats to life is made.
Final Decision: The writ petition is disposed of with directions for police to act on future complaints from the petitioner regarding threats.
JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to respondents 3 to 5, in view of the order, which is being passed.
2. By this Writ Petition, the petitioner has approached this Court for a mandamus commanding respondents 1 and 2 to provide adequate police protection to the lives of petitioner and her minor daughter from the threats of respondents 3 to 5 and their associates.
3. The petitioner has made allegations against respondents 3 to 5 that taking blank cheques from the petitioner and utilising the same, the petitioner and her minor daughter are threatened and they are facing threat to lives from respondents 3 to 5.
WP(C).26906/14 2
4. Learned Government Pleader, after obtaining instruction, submitted that a crime has been registered against the petitioner and two crimes have been registered against the party respondents under the orders passed by the Magistrate. He submitted that there is allegation and counter allegation between the parties, which is under investigation in the aforesaid crime.
Be that as it may, the police authorities can proceed to investigate the crime registered against each other. However, we observe that in the event any complaint is received from the petitioner of any offence or attempt to commit an offence, the police authorities shall take appropriate measure on the said complaint.
The Writ Petition is disposed of as above.
ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs20/10/14
