The petition concern the investigation into alleged offences against a minor by the IPC. The court noted the investigation was entrusted to the Deputy Superintendent of Police, who confirmed tracking efforts and denial of the incident by witnesses. No further direction was issued at this stage. The petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933
WP(C).No. 8586 of 2010(Q)
-----------------------------------------
PETITIONER(S):
-------------------------
HAROOFA (MINOR), AGED 12 YEARS, D/O.ANWAR UMMINIKKONNEN, REPRESENTED BY MOTHER RASEENA, W/O. UMMINIKKONNEN ANWAR, UMMINIKKONNEN HOUSE, PADINJARE MURI, KAVALAPPARA, MALAPPURAM.
BY ADV. SRI.JAMSHEED HAFIZ
RESPONDENT(S): ----------------------------
1. THE S.I. OF POLICE, MALAPPURAM.
2. THE S.P. OF POLICE, MALAPPURAM.
3. THE DY. S.P. OF POLICE, MALAPPURAM.
4. THE STATE OF KERLA, REPRESENTED BY SECRETARY TO HOME AFFAIRS SECRETARIAT, TRIVANDRUM.
R1 TO R4 BY GOVERNMENT PLEADER SRI. V. MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.8586/2010 Q
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
/TRUE COPY/
P.S.TO JUDGE
Kss
THOMAS P.JOSEPH, J.
==================================== W.P(C) No.8586 of 2010
==================================== Dated this the 29th day of June, 2011
J U D G M E N T
Petitioner, then studying in the sixth standard is said to have been subjected to outraging of modesty and other offences on 07.06.2009. It is alleged that the girl was going to the Madrassa at about 7.15 p.m. Her version is that at the time it was heavily raining with thunder and lightening. On the way an unacquainted man took her to a club room, raised the shutter of the said room, took her inside and misbehaved with her. It is further alleged that petitioner somehow escaped from the clutches of the said man, ran to the Madrassa and told the incident to the teachers there. First information regarding the alleged incident was given to the Malappuram police on 09.09.2009 at 4.45 p.m after petitioner's father returned from abroad. The police registered Crime No.396 of 2009 for offences punishable under Sections 342, 354 and 506 of the Indian Penal Code. Initially the Sub Inspector conducted the investigation. He questioned several witnesses but could not find any clue in the matter. Later his investigation revealed that no such incident had taken place. It is stated that the Sub
W.P(C) No.8586 of 2011
-: 2 :-
Inspector questioned persons residing near the scene of alleged incident. According to the Investigating Officer, on questioning the owner of the building it was revealed that the club room was remaining closed for long and it appeared to the Investigating Officer that if the shutter of the room was raised it would have made sufficient noise to attract the people residing near the club room. None of them heard any such sound. Teachers in the Madrassa also did not confirm the version of petitioner that she had gone to the Madrassa with torn and wet cloths. Investigating Officer has identified the vehicle referred by the petitioner, found that one Basheer who owned that vehicle purchased it from another person who is committed to have theft of that vehicle from Karnataka, but the alleged assailant could not be traced. It is at that stage petitioner has approached this Court seeking direction for further investigation by any other agency.
W.P(C) No.8586 of 2011
-: 3 :-
threatening calls after registration of the case and no attempt was made to trace the callers. In answer to that, learned Public Prosecutor submitted that the Cyber Cell of the Police has already taken steps to trace the callers. Now that the investigation is being conducted by the Deputy Superintendent of Police it is not necessary to make any further direction in the matter at this stage. The Deputy Superintendent of Police, Narcotic Cell, Malappuram is directed to complete the investigation and submit appropriate report before the jurisdictional Magistrate at the earliest.
Writ Petition is closed with the said direction.
THOMAS P. JOSEPH, JUDGE.
vsv
3 issues framed by the court
Whether directions are necessary for further investigation of the alleged offence against a minor.
Whether the Cyber Cell of Police needs to be directed to trace threatening callers.
Whether the case should be entrusted to a competent officer for further investigation.
Haroofa (Minor)
The S.I. of Police, Malappuram
The S.P. of Police, Malappuram
The Dy. S.P. of Police, Malappuram
The State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
