Kerala High Court
Xxxxxx vs State Of Kerala on 5 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(CRL.) NO. 386 OF 2024
CRIME NO.108/2024 OF THRIKKUNNAPPUZHA POLICE STATION, ALAPPUZHA
PETITIONER/MOTHER OF TEH VICTIM:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADV SOJAN MICHEAL
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY
HOME DEPARTMENT, SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHAKAD,
THIRUVANANTHAPURAM, PIN - 695010
3 DISTRICT POLICE CHIEF
ALAPUZHA, PIN - 688505
4 DEPUTY SUPERINTENDENT OF POLICE
KAYAMKULAM, PIN - 690502
5 INSPECTOR OF POLICE
THRIKKUNNAPUZHA POLICE STATION
ALAPPUZHA DISTRICT, PIN - 690515
SRI. RENJIT GEORGE, SENIOR PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 386 OF 2024
2
JUDGMENT
Dated this the 5th day of June, 2024
This writ petition (criminal) has been filed under Article
226 of the Constitution of India and the prayers are as under:
"(i) to issue a writ of mandamus, order or
direction directing the 2nd respondent to
entrust the Crime No.108/2024 of
Thrikkunnapuzha Police Station with an
offer not below the rank of Deputy
Superintendent of Police who is having
impeccable track record, forthwith;
(ii) direct the 3rd respondent to monitor the
investigation of Crime No.108/2024 of
Thrikkunnapuzha Police Station;
(iii) to direct the 2nd and 3rd respondent to take
appropriate action against the officer who
registered Ext.P1 FIR clubbing two
distinct and different incident as one
crime;
(iv) to dispense with the production of English
translations of the documents in
vernacular produced in this Writ Petition
(Crl.)
(v) to issue such other writ, order or direction
as this Honourable Court may deem fit
and proper to grant in the facts and
circumstances of the case."
WP(CRL.) NO. 386 OF 2024
2. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
3. The learned counsel for the petitioner would
submit that though initially no case registered under Section
12 read with Section 11 of the Protection of Children from
Sexual Offences Act (POCSO for short), when the petitioner
filed complaint before the State Police Chief FIR
No.108/2024 was registered, alleging commission of
offences punishable under Section 509 of IPC and Section
12 read with Section 11(i) of POCSO Act. This Writ Petition
has been filed when the defacto complainant/petitioner
noticed that no proper investigation in this matter is going on
since the accused is a relative of a Home Guard attached to
Thrikkunnapuzha Police Station.
4. This Court granted interim stay not to file final
report as per order dated 08.04.2024 and the same has been
continuing.
WP(CRL.) NO. 386 OF 2024
5. In order to address the grievance of the petitioner,
progress of investigation in this crime has been called for and
as per which the Investigating Officer, Sri.Sudheer T.K., Sub
Inspector of Police, Thrikkunnappuzha Police Station,
reported that no crime involved in this case. Thus it appears
that the investigation conducted by the above Sub Inspector
of Police is against the case put up by the petitioner. Along
with the Writ Petition Ext.P4 complaint, filed by the petitioner
before the State Police Chief, pointing out the deficiency in
the investigation by the present Investigating Officer has
been appended.
6. Since the writ petitioner is aggrieved in the matter
of investigation and the present Investigating Officer is of the
opinion that the entire crime is baseless, where the petitioner
would allege that the investigation is not fair, since the
accused is a relative of a Home Guard working in the same
police station, in the interest of justice, the matter would
require investigation at the instance of the higher police
WP(CRL.) NO. 386 OF 2024
officer. Therefore, this writ petition is allowed in part, directing
the Dy.S.P., Alappuzha to take up investigation in this matter
and file final report after proper investigation.
Filing of final report by the present Investigating Officer
stands deferred, with liberty to the Dy.S.P., Alappuzha to file
final report after investigation.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
WP(CRL.) NO. 386 OF 2024
APPENDIX OF WP(CRL.) 386/2024
PETITIONER EXHIBITS
SEALED COVER1 AFFIDAVIT
SEALED COVER 2 COPY OF THE FIR DATED 09.09.2023 IN
CRIME NO.597/2023 OF THRIKKUNNAPUZHA
POLICE STATION
SEALED COVER 3 COPY OF THE REPRESENTATION DATAD NIL
SEALED COVER 4 COPY OF THE FIR DATED 17.02.2024 IN
CRIME NO.108/2024 OF THRIKKUNNAPUZHA
POLICE STATION
SEALED COVER 5 COPY OF THE REPRESENTATION BEFORE 2ND
RESPONDENT DATED NIL
SEALED COVER 6 ADDRESS OF TEH PARTY
SEALTED COVER 7 ADDRESS OF THE PARTY
