Kerala High Court
Xxxxxx vs State Of Kerala on 18 August, 2025
2025:KER:61954
Crl.M.C.No.4564/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 18TH DAY OF AUGUST 2025 / 27TH SRAVANA, 1947
CRL.MC NO. 4564 OF 2025
CRIME NO.2338/2022 OF Thiruvalla Police Station, Pathanamthitta
PETITIONER:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
SMT.V.O.PHILOMINA
SMT.SILPA S.
SHRI.VISHNUNATH I.
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
THIRUVALLA POLICE STATION , PATHANAMTHITTA, PIN -
689662
3 BABY P.I ( SOUGHT TO BE IMPLEADED )
S/O. ITTY, KODINGOOR HOUSE, KAVIYOOR P.O., KAVIYOOR
VILLAGE, THIRUVALLA, PATHANAMTHITTA ( SOUGHT TO BE
IMPLEADED )
BY ADVS.
SRI.V.JOHN SEBASTIAN RALPH
2025:KER:61954
Crl.M.C.No.4564/2025
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SHRI.VISHNU CHANDRAN
SHRI. RALPH RETI JOHN
SHRI.GIRIDHAR KRISHNA KUMAR
SMT.GEETHU T.A.
SMT.MARY GREESHMA
SMT.LIZ JOHNY
SMT.KRISHNAPRIYA SREEKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.4564/2025
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ORDER
The petitioner, who claims to be the mother of a sexually abused child,
has filed this petition under Section 528 of the BNSS seeking the following
reliefs:
1) Direct the respondents to immediately number and commit Crime
No.2338/2020 to the Special Court under the POCSO Act, Thodupuzha;
2) Direct the Special Court to record the evidence of the minor victim
expeditiously with appropriate safeguards;
3) Direct the respondents to ensure the protection and safety of the minor victim,
including police protection if necessary.
4) Pass such other and further orders as this Hon'ble Court may deem fit and
proper in the interest of justice and child welfare.
2. After the filing of this Crl.M.C., the petitioner filed
Crl.M.A.No.1/2025 for the amendment of the first prayer in the Crl.M.C., and
also for replacing the word 'commit' used in that petition. As per the prayer in
the above amendment application, the first relief is sought to be corrected
as:
"The respondents may be directed to complete the further investigation and
number the Crime No.2338/2020 before the Special Court under the POCSO
Act, Thodupuzha, without further delay."
3. The persons against whom the petitioner has raised the allegation of
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sexual abuse are the father and paternal grand father of that child (Husband
and father-in-law of the petitioner).
4. In an earlier petition filed by the petitioner before this Court as
Crl.M.C.No.1289/2022, an order was passed on 26.08.2022, directing the
Investigating Officer to conduct a fair and impartial investigation and submit
Final Report incorporating sexual offences as well, if on investigation, it is
found so.
5. Now that it is seen from the records that the Investigating
Officer has filed Final Report in respect of the offence under Section 324 of
IPC and Section 75 of the Juvenile Justice (Care and Protection of Children)
Act, 2015, and it was taken on files by the Judicial First Class Magistrate
Court, Thirvuvalla, as C.C.No.637/2022.
6. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the State of Kerala.
7. Since it is seen that the Final Report had already been filed, and
the case is now pending before the Judicial First Class Magistrate Court,
Thiruvalla, as C.C.No.637/2022, the original prayer as well as the prayer,
sought to be incorporated by way of amendment of this Crl.M.C., has lost its
significance If at all the petitioner is aggrieved by the filing of the Final
Report by the Investigating Agency, without taking into account the allegation
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of sexual abuse attributed to accused, the proper way to be followed is to file
an appropriate application before the Trial Court, seeking further
investigation. Since, so far the above course is not adopted, the prayer
sought to be incorporated by way of amendment, for a direction to complete
the further investigation, and to number Crime No. 2338/2020 before the
Special Court under the POCSO Act, Thodupuzha, is totally unfounded.
Having regard to the above facts and circumstances of this case, I
deem it appropriate to dispose of this Crl.M.C., leaving open the option of the
petitioner to file appropriate application before the Trial Court for further
investigation, which shall be considered by the learned Magistrate on merit
and decided as per law without further delay.
All pending applications in this Crl.M.C. stand closed.
sd/
G.GIRISH
JUDGE
jm/
2025:KER:61954
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE CRL. M.C. NO 1289/2022
JUDGMENT DATED 26.08.2022
RESPONDENT ANNEXURES
Annexure R3 A TRUE COPY OF THE PROCEEDINGS (FROM
E-COURTS) IN CC NO. 637/2022 ON THE FILES OF
THE HON'BLE JFCM THIRUVALLA
