Kerala High Court
Xxx vs District Police Chief on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 11029 OF 2021
PETITIONER/S:
XXX
X
BY ADV B.S.SURESH (CHIRAKKARA)
RESPONDENT/S:
1 DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, THRISSUR-680009.
2 STATION HOUSE OFFICER CUM CIRCLE INSPECTOR OF POLICE,
ALOOR POLICE STATION, KALLETUMKARA, THRISSUR-680683.
3 JOHNSON C.C.
AGED 55 YEARS, FORMER PRIEST OF EMPEROR, EMMANUEL
CHURCH, THRISSUR (NOW AT CHUNGATH HOUSE, NEAR ST.
SEBASTIANS CHURCH, MURINGOOR P.O., CHALAKKUDY,
THRISSUR-680316)
BY ADVS.
DIRECTOR GENERAL OF PROSECUTION
SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
GOVERNMENT PLEADER
OTHER PRESENT:
P.NARAYANAN- SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON 11.08.2021 DELIVERED THE FOLLOWING:
W.P.(C).110290/2021
2
JUDGMENT
DATED THIS THE 11TH DAY OF AUGUST, 2021
This writ petition is filed by the
defacto complainant in Crime No. 143 of 2021 of
Aloor Police Station seeking the following
reliefs:
A) Issue a writ of mandamus or any other appropriate
writs, order or direction compelling the respondents 1
and 2 to take necessary action for effective
investigation upon Crime No. 143 of 2021 of Aloor Police
Station by constituting a Special Investigation Team.
B) Issue such other order or direction that this
Honourable Court may deem fit and proper to the nature
and circumstances of the case.
2. The petitioner's case is that the 3rd
respondent had committed rape on her by force
after trespassing into her residence on 9.7.2016.
The main grievance projected by the petitioner is
that the investigating agency is not inquiring
into her complaint seriously and hence a
direction to have an effective investigation by
constituting a Special Investigation Team is
required, in fact it is inevitable.
W.P.(C).110290/2021
3. The learned Government Pleader who
appeared for respondents 1 and 2 filed a report
and produced a proceedings of the State Police
Chief dated 05.07.2021 which reads as follows:
"......
03. In the above circumstances, the case in Crime No.
143/2021 U/s 451, 376, 506(i) IPC of Aloor PS, Thrissur
Rural is hereby transferred to Crime Branch(CB).
04. The Additional Director General of Police, Crime
Branch (CB) will get the case registered in the Crime
Branch Police Station and conduct investigation through a
competent officer or through a team of officers selected
by him. "
After the said proceedings of the State Police
Chief, a special team has been constituted and
now the Crime Branch is investigating the case. A
report has been filed by the Deputy
Superintendent of Police-I, Crime Branch,
Thrissur dated 28.07.2021 narrating the entire
details of the investigation so far conducted by
the newly constituted investigation team as well
the present status of investigation. Apart from
that crime, the Deputy Superintendent of Police-I
W.P.(C).110290/2021
further reported that Crime No. 331 of 2021 was
registered under Sections 509 and 506 of the IPC
on 11.07.2021 on the petition submitted before
Aloor Police Station by Smt. Mayookha Johny for
intimidating her by an unknown person. So also,
the Aloor police has registered two other cases,
i.e., Crime No. 320 of 2021 under Section 228(A)
of IPC on 04.07.2021 pursuant to the complaint of
the husband of the survivor and Crime No. 326 of
2021 under Sections 465, 469, 120B and 34 of IPC
against Smt.Nisha Sebastian, the trustee of
Emperor Emmanuel Church at the instance of one
Sabu Sebastian. All these three cases are under
investigation by the Deputy Superintendent of
Police C-Branch, Thrissur Rural. So, as per the
report submitted by the Deputy Superintendent of
Police-I, Crime Branch, Thrissur, the
investigation has been taken over by the Special
Team constituted as per the proceedings of the
State Police Chief referred above and the
W.P.(C).110290/2021
investigation is going on in the case in which
the defacto complainant is the victim as well in
the other three cases registered subsequently
because of the case preferred by this petitioner
against the 3rd respondent in Crime No. 143 of
2021. The report makes it explicitly clear that
an effective investigation is going on. Hence,
this writ petition is only to be closed as the
request was only to constitute a Special Team for
an effective investigation.
Accordingly, the writ petition is disposed of
accepting the report of the Deputy Superintendent
of Police-I, Crime Branch, Thrissur dated
28.07.2021.
Sd/-
SHIRCY V
JUDGE
sb
W.P.(C).110290/2021
APPENDIX OF WP(C) 11029/2021
PETITIONER EXHIBITS
EXHIBIT P1 THE COPY OF THE COMPLAINT DATED 16/03/2021
SUBMITTED BEFORE THE SASTHAMCOTTAH POLICE
STATION.
EXHIBIT P2 THE COPY OF THE FIR NO.314/2021 OF
SASTHAMCOTTAH POLICE STATION DATED
20/03/2021.
EXHIBIT P3 THE COPY OF THE REQUEST GIVEN BY THE HUSBAND
OF THE PETITIONER DATED 02/04/2021 TO THE 2ND
RESPONDENT.
EXHIBIT P4 THE COPY OF THE COMPLAINT GIVEN BY THE
HUSBAND OF THE PETITIONER TO THE 1ST
RESPONDENT DATED 03/04/2021.
