LAWS(KER)-2018-9-77

MITHRA V. NAIR Vs. STATE OF KERALA

Decided On September 19, 2018
Mithra V. Nair Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This application is filed under Section 438 of the Cr.P.C.

(2.) The applicant herein is the accused in Crime No.1767 of 2018 registered at the Vanchiyoor Police Station, under Sections 353 and 506(ii) of the IPC.

(3.) The de facto complainant is a Process server of the Family Court, Thiruvananthapuram. The applicant herein, a lady, and working as the Superintendent in the office of the Chief Engineer, KSEB, happened to be the respondent in an Original Petition on the file of the Family Court. On 27.8.2018, the applicant had brought her child to the Family Court for handing over the custody of the child to the father pursuant to directions issued by the Court. The mother of the applicant and her friend was also with her. According to the de facto complainant, the applicant and her mother behaved in a despicable manner and showered abuses at her. According to the de facto complainant, the incident had occurred in the presence of other litigants and due to the acts of the accused, she had to suffer mental trauma.