Valsala Amma vs State Of Kerala
2023 Latest Caselaw 6510 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
            THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                WP(CRL.) NO. 502 OF 2023
    CRIME NO.190 OF 2023 CHEPULASSERY POLICE STATION
PETITIONER/S:

         VALSALA AMMA
         AGED 68 YEARS
         W/O. LATE JAVAN RAMAN EZHUTHASSAN,
         CHEENIYAMPATTAVEEDU, EZHUVANTHALA P.O.,
         NELLAYAVIA, PALAKKAD DISTRICT, PIN - 679335
         BY ADVS.
         C.M.MOHAMMED IQUABAL
         P.ABDUL NISHAD
         RAIHANATH T.H.
         ISTINAF ABDULLAH
         MUHAMMED AMEEN
         KEERTHI JAYAKUMAR


RESPONDENT/S:

   1     STATE OF KERALA,
         REPRESENTED BY THE SECRETARY TO THE HOME
         DEPARTMENT,GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
   2     THE SECRETARY TO GOVERNMENT,
         HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
   3     THE SUPERINTENDENT OF POLICE, PALAKKAD,
         OFFICE OF THE DISTRICT POLICE CHIEF, NOORANI,
         PALAKKAD P.O., PIN - 678001
   4     THE CIRCLE INSPECTOR OF POLICE,
         CHERPULASSERY POLICE STATION, CHERPULASSERY
         P.O., PALAKKAD DISTRICT, PIN - 679503
   5     THE STATION HOUSE OFFICER,
         CHERPULASSERY POLICE STATION, CHERPULASSERY
         P.O., PALAKKAD DISTRICT, PIN - 679503
   6     MR.UPPUMPARAMBIL RAVI,
 WP(CRL.) NO. 502 OF 2023
                                ..2..



            S/O. GOVINDAN EZHUTHASSAN, UPPUMPARAMBIL HOUSE,
            EZHUVANTHALA P.O., NELLAYA VIA,OTTAPPALAMTALUK,
            PALAKKAD DISTRICT, PIN - 679335
    7       MR.KUNNUMPURATH VIPIN,
            S/O. BALAN, KUNNUMPURATH HOUSE,
            AMBEDKARGRAMAM,PENGATTIRI, NELLAYA P.O.,
            OTTAPPALAMTALUK, PALAKKAD DISTRICT, PIN - 679335
            R1 TO R5 BY SMT MK PUSHPA LETHA
        THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION    ON   13.06.2023,   THE     COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 502 OF 2023
                                   ..3..




                             JUDGMENT

The prayers in this Writ Petition are as follows:

(a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to order proper investigation through external agencies in Crime No.190/2023 of Cherpulssery Police Station, within a time stipulated by this Hon'ble Court.

(b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass appropriate orders on Ext.P7 representation.

(c) Pass an order dispensing with the production of English Translation of documents in Vernacular language at the time of filing the writ petition.

(d) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and petitioner may pray from time to time.

2. The petitioner alleges that on 29.03.2023 at

9.00 p.m., respondent Nos.6 and 7 trespassed into the

house of the petitioner and voluntarily caused injuries to

her son and committed sexual assault on her grand WP(CRL.) NO. 502 OF 2023 ..4..

daughter. The petitioner filed Ext.P1 complaint before

the Police. Ext.P2 FIR was registered alleging offences

under Sections 447, 323 and 506 r/w Section 34 of IPC.

3. The grievance of the petitioner is that though

she specifically alleged that respondent Nos.6 and 7

committed sexual assault on her minor grand daughter,

the Police refused to include the penal provisions under

the POCSO Act.

4. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

5. The learned Public Prosecutor submitted that

based on Ext.P1 complaint Police conducted investigation

and submitted Final report alleging offences under

Sections 447, 323 and 506 r/w Section 34 of IPC. It is

further submitted that another complaint was also filed

by the petitioner based on which FIR No.190 of 2023 was

registered. But in the investigation, the Police concluded

that offences alleged under the POCSO Act were not

revealed and the Police are proposing to submit a report WP(CRL.) NO. 502 OF 2023 ..5..

under the caption 'Further Action Dropped' on the

ground that the allegations are false. Once a report is

filed under Section 173 of IPC, the petitioner has the

option to approach the Jurisdictional Magistrate seeking

further remedies as per law.

Having regard to the circumstances, the Writ

Petition is closed with liberty to the petitioner to

approach the jurisdictional Court and to seek remedies as

per law.

Sd/-

K. BABU, JUDGE

kkj WP(CRL.) NO. 502 OF 2023 ..6..

APPENDIX OF WP(CRL.) 502/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED NIL Exhibit P2 THE TRUE COPY OF THE FIR IN CRIME NO.

171/2023 OF CHERPULASSERY POLICE STATION DATED 2.4.2023 Exhibit P3 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA DATED 1.4.2023 Exhibit P4 TRUE COPY OF THE FIR IN CRIME NO.190/2023 OF CHERPULASSERY POLICE STATION DATED 12.04.2023 Exhibit P5 THE STATEMENT OF THE CHILD IN CRIME NO.190/2023 CHEPULASSERY POLICE STATION DATED 12.04.2023 Exhibit P6 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE DIRECTOR GENERAL OF POLICE, KERALA AND OTHERS DATED 3.5.2023 Exhibit P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 29.4.2023