Dr.Sajani.P vs State Of Kerala
2025 Latest Caselaw 374 Ker

Kerala High Court

Dr.Sajani.P vs State Of Kerala on 5 June, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022
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                                                               2025:KER:39827


                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                 PRESENT

                THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

       THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947

                                 WP(CRL.) NO. 989 OF 2022

PETITIONER:

                 DR.SAJANI.P
                 AGED 43 YEARS
                 W/O DR. VIJAYARAGHAVAN, SREELAKSHMI BUILDINGS,
                 KOVILAKAM, MANJERI, MALAPPURAM DISTRICT,
                 PIN- 676 121.


                 BY ADVS.
                 SRI.V.M.KRISHNAKUMAR
                 SMT.MAYA M.
                 SRI RENJITH THAMPAN SR



RESPONDENTS:

       1         THE STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
                 KERALA, ERNAKULAM - 682031.

       2         DISTRICT POLICE CHIEF
                 OFFICE OF THE DISTRICT POLICE CHIEF, UP HILL,
                 MALAPPURAM, PIN - 676505.

       3         DEPUTY SUPERINTENDENT OF POLICE,
                 OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE CHIEF,
                 UP HILL, MALAPPURAM, PIN - 676505.

       4         THE STATION HOUSE OFFICER,
                 MANJERI POLICE STATION, MANJERI,
                 MALAPPURAM DISTRICT- 676 121.
 W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022
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                                                             2025:KER:39827


       5         JASEELA,
                 W/O ABDUL RASAQ, H.NO.5/22, VALLUVANGADAN HOUSE,
                 THERUTTAMMAL, ARIKKODE, MALAP[PURAM, PIN - 673639,
                 BENCH CLERK, POCSO COURT MANJERI, MALAPPURAM.

       6         PRAKASHAN P.T,
                 GREENLEAVES, TREE G VILLA, PATTERKULAM, NARUKKARA
                 P.O, MANJERI, MALAPPURAM DISTRICT, PIN -676 122,
                 PRESIDING OFFICER OF POCSO COURT MANJERI, MALAPPURAM.


                 BY ADVS.
                 SHRI.SASI M.R.
                 SHRI.P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
                 PROSECUTOR
                 SMT.N.P.SILPA
                 SHRI.SREEKUMAR K.V.
                 SMT.DHARMYA M.S
                 SMT.KAVYA KRISHNAN
                 SHRI.S.SAJIT SANAL



        THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 05.06.2025, ALONG WITH Crl.MC.7285/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022
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                                                               2025:KER:39827




                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                 PRESENT

                THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

       THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947

                                  CRL.MC NO. 7285 OF 2022

           AGAINST THE ORDER/JUDGMENT DATED IN CC NO.759 OF 2022 OF

JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI

PETITIONER/ACCUSED:

                 DR.SAJANI.P,
                 AGED 43 YEARS
                 W/O DR.VIJAYARAGHAVAN, SREELAKSHMI BUILDINGS,
                 KOVILAKAM, MANJERI, MALAPPURAM DISTRICT, PIN - 676121


                 BY ADVS.
                 SMT.MAYA M.
                 SRI.V.M.KRISHNAKUMAR
                 SRI RENJITH THAMPAN SR



RESPONDENTS/STATE & COMPLAINANT:

       1         STATE OF KERALA
                 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
                 KERALA, ERNAKULAM, PIN - 682031

       2         THE STATION HOUSE OFFICER
                 MANJERI POLICE STATION, MANJERI, MALAPPURAM DISTRICT,
                 PIN - 676121

       3         JASEELA
                 H.NO.5/22, VALLUVANGADAN HOUSE, THERUTTAMMAL,
                 ARIKKODE, MALAP[PURAM BENCH CLERK, POCSO COURT
                 MANJERI., MALAPPURAM., PIN - 673639
 W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022
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       4         PRAKASHAN.P.T
                 GREENLEAVES, TREE G VILLA, PATTERKULAM,
                 NARUKKARA.P.O, MANJERI, MALAPPURAM DISTRICT.
                 PRESIDING OFFICER OF POCSO COURT MANJERI, MALAPPURAM,
                 PIN - 676122


                 BY ADVS.
                 SHRI.SASI M.R.
                 SMT.N.P.SILPA
                 SHRI.SREEKUMAR K.V.
                 SMT.DHARMYA M.S
                 SMT.KAVYA KRISHNAN
                 SHRI.S.SAJIT SANAL
                 DIRECTOR GENERAL OF PROSECUTION
                 SHRI.P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
                 PROSECUTOR
                 SHRI.SAJJU.S., SENIOR G.P.



        THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.06.2025, ALONG WITH WP(Crl.).989/2022, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
 W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022
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                        P.V.KUNHIKRISHNAN, J
                      --------------------------------

W.P.(Crl.) No.989 of 2022 & Crl.M.C. No.7285 of 2022

------------------------------- Dated this the 05th day of June, 2025

JUDGMENT/ORDER

These two cases are connected, and therefore I am

disposing of these cases by a common judgment/order.

2. The petitioner in these cases is one and the

same. Crl.M.C. No.7285/2022 is filed to quash the proceedings

in C.C. No.759/2022 on the file of the Judicial First Class

Magistrate Court-I, Manjeri arising from Crime No.334/2022 of

Manjeri Police Station, Malappuram. W.P.(Crl.) No.989/2022 is

filed to issue a direction to consider Ext.P14 by the 2 nd

respondent in that case and to conduct a further investigation in

Crime No.334/2022 of Manjeri Police Station, which resulted in

C.C.No.759/2022 pending before the Judicial First Class

Magistrate Court-I, Manjeri. Annexure-1, produced in Crl.M.C.

No.7285/22 is the FIR in Crime No.334/2022 and Annexure-2 is

the final report in the above case. The offences alleged are W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022

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under Sections 451, 342, 353 & 189 of the Indian Penal Code,

1860.

3. Heard the learned Senior counsel Adv. Renjith

Thampan as instructed by his retaining counsel Adv. V.M.

Krishnakumar, appearing for the petitioner and the learned

Senior Public Prosecutor.

4. The learned Senior counsel submitted that it is a

false case foisted against the petitioner and the petitioner is a

government servant, who is working as a doctor. A building

owned by the petitioner's mother was given on rent for the

functioning a POCSO Court. The Senior counsel submitted that

the allegation in the final report is silly and this is a false case

foisted against the petitioner. The Senior counsel submitted that

the petitioner can produce adequate materials before the police

to show that it is a false case. The Senior counsel also

submitted that, it is a fit case in which further investigation is

necessary.

5. The Public Prosecutor takes me through the final W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022

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report and submitted that there is nothing to interfere with the

final report and these are matters to be decided at the time of

trial.

6. This Court considered the contentions of the

petitioner and the Public Prosecutor. The definite case of the

petitioner is that there are materials to show that the

prosecution case is false. He can produce the materials before

the police to show that, if a further investigation is conducted it

can be proved that the case is false. If that be the case, the

petitioner can file a fresh representation before the District

Police Chief, Malappuram with supporting documents. If such a

representation is received, the District Police Chief will do the

needful and will order further investigation, if necessary, in

accordance with the law. If such a representation is filed, the

trial in C.C. No.759/2022 can be deferred till a decision is taken

in the representation.

Therefore, these cases are disposed of in the following

manner:

W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022

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1. The petitioner is free to submit a representation

narrating her grievance with supporting documents before

the 2nd respondent in W.P.(Crl.)No.989/2022, within three

weeks from the date of receipt of a copy of this

judgment/order.

2. If such a representation is received, the 2nd

respondent in W.P.(Crl.) No.989/2022 will consider the

same and do the needful in accordance with the law after

giving an opportunity of hearing to the petitioner, as

expeditiously as possible, at any rate, within a period of six

weeks from the date of receipt of the representation.

3. if such a representation is submitted as directed

above, the trial in C.C. No.759/2022 on the file of the

Judicial First Class Magistrate Court-I, Manjeri shall be

deferred till orders are passed in the above representation.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE

DM W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022

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PETITIONER ANNEXURES

ANNEXURE1 TRUE COPY OF THE FIR IN CR.NO.334/2022 OF MANJERI POLICE STATION DATED 05.05.2022 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT MANJERI ANNEXURE2 CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET NO.502/22 IN CR.NO.334/2022 DATED 07.02.2022 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT MANJERI ANNEXURE3 CERTIFIED COPY OF THE STATEMENT GIVEN BY THE 4TH RESPONDENT BEFORE THE STATION HOUSE OFFICER, MANJERI POLICE STATION DATED 23.5.2022 ANNEXURE4 TRUE COPY OF THE STATEMENT GIVEN BY JASEELA/3RD RESPONDENT DATED 07.05.2022 ANNEXURE5 TRUE COPY OF THE STATEMENT GIVEN BY ONE BALAKRISHNAN DATED 07.05.2022 ANNEXURE6 TRUE COPY OF THE ORDER IN BAIL APPLICATION NO.3705/2022 DATED 20.05.2022 ANNEXURE7 TRUE COPY OF THE ORDER OF JUDICIAL FIRST CLASS MAGISTRATE COURT MANJERI IN CMP.3568/2022 DATED 07.07.2022 ANNEXURE8 TRUE COPY OF THE POLYSOMNOGRAM REPORT DATED 27.12.2021 ANNEXURE9 TRUE COPY OF THE DISCHARGE CARD DATED 12.08.2021 ANNEXURE10 TRUE COPY OF THE ECHOCARDIOGRAM REPORT DATED 20.12.2021 ANNEXURE11 TRUE COPY OF RENT AGREEMENT DATED 17.3.2020 ANNEXURE12 TRUE COPY OF THE LETTER OF RAJIV MENON TO THE HON'BLE DISTRICT JUDGE, MALAPPURAM DATED 05.04.2022 ANNEXURE13 TRUE COPY OF THE LETTER DATED 06.05.2022 SENT BY THE PETITIONER TO THE REGISTRAR ANNEXURE14 THE PHOTOGRAPH OF PETITIONER'S CAR, INNOVA REG NO. KL 10 BC 6543 BEING PARKED IN THE CAR PORCH THROUGHOUT THE DAY ANNEXURE15 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022

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ANNEXURE16 TRUE COPY OF SIGNED STATEMENT OF THE PETITIONER ON 20.09.2022 ALONG WITH ENDORSEMENT W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022

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APPENDIX OF WP(CRL.) 989/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FIR IN CR.NO.334/2022 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT MANJERI.

EXHIBIT P2 TRUE COPY OF THE FINAL REPORT IN CR.NO.334/2022 DATED 07.02.2022 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT MANJERI.

EXHIBIT P3 TRUE COPY OF THE STATEMENT GIVEN BY THE 6TH RESPONDENT BEFORE THE STATION HOUSE OFFICER, MANJERI POLICE STATION DATED 23.5.2022 EXHIBIT P4 TRUE COPY OF THE STATEMENT GIVEN BY JASEELA/5TH RESPONDENT DATED 07.05.2022. EXHIBIT P5 TRUE COPY OF THE STATEMENT GIVEN BY ONE BALAKRISHNAN DATED 07.05.2022.

EXHIBIT P6 TRUE COPY OF THE ORDER OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT MANJERI IN CMP.3568/2022 DATED 07.07.2022. EXHIBIT P7 TRUE COPY OF THE POLYSOMNOGRAM REPORT DATED 27.12.2021.

EXHIBIT P8 TRUE COPY OF THE DISCHARGE CARD OF THE PETITIONER DATED 12.08.2021 EXHIBIT P9 TRUE COPY OF THE ECHOCARDIOGRAM REPORT DATED 20.12.2021 OF THE PETITIONER. EXHIBIT P10 TRUE COPY OF RENT AGREEMENT DATED 17.3.2020 BETWEEN P.VISWANATHAN POWER OF ATTORNEY HOLDER OF RAJIV MENON AND GOVERNMENT OF KERALA REPRESENTED BY DISTRICT JUDGE, OF MALAPPURAM EXHIBIT P11 TRUE COPY OF THE LETTER OF RAJIV MENON TO THE HON'BLE DISTRICT JUDGE, MALAPPURAM DATED 05.04.2022 EXHIBIT P12 TRUE COPY OF THE LETTER DATED 06.05.2022 SENT BY THE PETITIONER TO THE REGISTRAR. EXHIBIT P13 TRUE COPY OF THE ORDER IN BAIL APPLICATION NO. B.A.NO.3705/2022 DATED 20.05.2022 EXHIBIT P14 TRUE COPY OF SAID REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT W.P.(Crl.).No.989/2022 & Crl.M.C. No.7285/2022

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DATED 30.08.2022.

EXHIBIT P15 TRUE COPY OF SIGNED STATEMENT OF THE PETITIONER ON 20.09.2022 ALONG WITH ENDORSEMENT.

EXHIBIT P16 TRUE COPY OF THE DECISION REPORTED IN 2022 LIVE LAW (SC) 835 (DEVENDRA NATH SINGH V. STATE OF BIHAR & ORS).