Kerala High Court
Xxx vs The Police Chief And The Director ... on 1 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
ST
THURSDAY, THE 1
DAY OF FEBRUARY 2024 / 12TH MAGHA,
1945
WP(CRL.) NO. 800 OF 2023
CRIME NO.848/2023 OF Manjeri Police Station, Malappuram
PETITIONER:
XXX AGED 53 YEARS XXX, PIN - 683511
Y ADVS. P.LAKSHMI BABU KARUKAPADATH M.A.VAHEEDA BABU
B
P.U.VINOD KUMAR ARYA RAGHUNATH VAISAKHI V. T.M.MUHAMMED
MUSTHAQ AJWIN P LALSON KARUKAPADATH WAZIM BABU AYSHA
E.M. SHIFANA KAISE
RESPONDENTS:
1
HE POLICE CHIEF AND THE DIRECTOR GENERAL OF POLICE
T
KERALA POLICE, THIRUVANANTHAPURAM, PIN - STATE POLICE
HEADQUARTERS, VELLAYAMBALAM, CITY-THIRUVANANTHAPURAM,
PIN - 695010
2
HE DISTRICT CHIEF OF POLICE THE DISTRICT CHIEF OF
T
POLICE, MALAPPURAM DISTRICT, MALAPPURAM,, PIN - 676504
3
TATION HOUSE OFFICER MANJERI POLICE STATION, MANJERI,
S
MALAPPURAM DISTRICT,, PIN - 676121
4
R. RIYAS CHAKEERI AGED 45 YEARS S/O. FATHER'S NAME IS
M
NOT KNOWN TO THE PETITIONER, STATION HOUSE OFFICER,
MANJERI POLICE STATION, MANJERI, MALAPPURAM DISTRICT,
PIN - 676121
5
XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX
Y ADVS. ADVOCATE GENERAL OFFICE KERALA DIRECTOR GENERAL
B
OF PROSECUTION(AG-10) P.NARAYANAN, SENIOR G.P. AND
ADDL.PUBLIC PROSECUTOR()
BY SRI.RENJITH GEORGE-PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
1.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(CRL.)NO.800 OF 2023
2
JUDGMENT
Dated this the 1st day of February, 2024
This writ petition is at the instance of the father of
the victim girl in crime No.848 of 2023 of Manjeri Police
Station, Malappuram, seeking the following reliefs:
"(i)issue a writ of mandamus or any other appropriate
writ, order direction commanding the respondents 1
and 2 to remove the 4th respondent from the
investigation of Exhibit P1 crime and to entrust the
investigation of the same with a Senior Police Officer,
not below the rank of Superintendent of Police, or by
Crime Branch or by such other special wing to be
constituted for the said purpose;
(ii)passsuchotherorderordirectionasthisCourtmay
deem fit and proper in the interest of justice;
(iii)thisHon'bleCourtmaybepleasedtodispensewith
filing of the translation of vernacular documents."
2. The petitioner is not expecting a fair investigation
from the part of the 4th respondent, as crime No.448 of
2021 registered against the very same accused, for
sexuallyassaultingtheverysamevictimgirl,wasreferred
W.P.(CRL.)NO.800 OF 2023
3
as false by the very same Investigating Officer. The
present crime (Crime No.848 of 2023) was registered
against theverysameaccused(Ashraf)onacomplaintof
sexual assault against the very same victim girl. So, in
order to ensure a fair investigation, the petitioner seeks
the investigation to be done by any Police Officer other
than the 4th respondent.
3. Heard learned counsel for the petitioner and learned
Public Prosecutor appearing for respondents 1 to 3, and
also learned counsel for the 5th respondent, who is the
accused in crime No.848 of 2023.
4. On instructions, learned Public Prosecutor submitted
that, if the petitioner ishavingsuchanapprehension,the
2nd respondent has no objection in entrusting the
investigation to any Deputy Superintendent of Police
working in that District. Learned counsel for the 5th
respondent/accused also has no objection in conducting
the investigation by any Deputy Superintendent of Police
in Malappuram District.
W.P.(CRL.)NO.800 OF 2023
4
In suchcircumstances,thewritpetition(Crl.)canbe
allowed, directing the District Police Chief, Malappuram
District, to entrust the investigation in crime No.848 of
2023 to one of the Deputy Superintendent of Police
working under him, and to complete the investigation
without further delay, at any rate, within a period of 3
months from today.
With this direction, the writ petition stands allowed.
Sd/-
SOPHY THOMAS
JUDGE
SSK/01/02
W.P.(CRL.)NO.800 OF 2023
5
APPENDIX OF W.P.(CRL.)800/2023
PETITIONER ANNEXURES
EXHIBIT P1
A
true
copy
of
theFIR
along
with
the
FI
statement
in
Crime No.848/2023 of Manjeri Police Station, Manjeri
EXHIBIT P2
A
true
copy
of
the
final
report dated
25/05/2022
submitted
by
the police
in
Crime No.
448/2021
of
Manjeri
Police
Station
before
the
Hon'ble
Additional
District & Sessions Court (POCSO Act Cases) Manjeri
EXHIBIT P3
A
true
copy
of
the Order
dated 08/06/2023 in
Mat.
Appeal
No.402/2023 of
this Hon'ble
Court directing
the
Child
Welfare Committee, Malappuram
to
conduct
a
discreet
inquiry
in
to
the
well
being
of
the
child
and to submit a report before this Hon'ble Court
EXHIBIT P4
A
true
copy
of
the
Report
dated
12/06/2023
submitted
by
the Child
Welfare Committee, Malappuram before
this Hon'ble Court
