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Judgment
Anu Sivaraman, J
This writ petition is filed seeking the following prayers:
“(i) to issue a writ of mandamus or order or direction to the 2nd respondent to take appropriate action on Ext.P1 complaint and restrain respondents 3 to 5
from visiting the house of the petitioners.
(ii) to issue a writ of mandamus or order or direction to respondents 3 to 5 not to harass the petitioners in any manner in connection with the investigation of
Crime No.1137/2020 of Ottapalam Police Station.â€
Heard the learned counsel for the petitioners and the learned Government Pleader.
The only complaint raised by the learned counsel for the petitioners at the time of argument is that the petitioners are entitled to live peacefully in
their residence and that they cannot be summoned to the Police Station without due notice being served and without following the procedure
prescribed by law.
The learned Government Pleader submits that an investigation into a crime under Section 376(1) I.P.C. is ongoing against the husband of the 1st
petitioner and that it was only as a part of the investigation that the police had visited her residence. It is submitted that in case the petitioners’
presence is required, action will be taken only in accordance with law and after serving due notice.
The said submission is recorded. It is made clear that this will not stand in the way of the investigation into the crime by the police. However, in
case the presence of the petitioners is required by the police, due notices shall be issued under Section 41(A) Cr.P.C. to the petitioners and action shall
be taken strictly in accordance with law.
This writ petition is ordered accordingly.