In this writ petition, the petitioner, a minor victim of alleged earlier offences, sought an investigation by an officer of the rank of Inspector General. The court noted that investigations were concluded with reports filed and closed the petition, granting liberty to seek further remedies under law.
Petition closed with liberty to seek remedies available under law.
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 DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 10697 OF 2021
PETITIONER:
MISS. X (MINOR) PRESENTED THROUGH HER NEXT FRIEND MRS. Y.
BY ADVS. N.G.SINDHU SRI.R.SURAJ KUMAR
RESPONDENTS:
KOLLAM DISTRICT,
KOLLAM - 691 001.
WP(C) NO. 10697 OF 2021
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6 MRS.A
7 MRS.B.
BY SMT.T.V.NEEMA, SR.P.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 10697 OF 2021
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J U D G M E N T
The petitioner is the victim in Crime No.3278 of 2020
of Kollam East Police Station. The offence alleged against the accused is punishable under Section 376 of IPC r/w Sections 3 and 4 of POCSO Act. The crime was registered on the basis of the anonymous letter that the victim was subjected to sexual assault by the accused.
WP(C) NO. 10697 OF 2021
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instructions, submits that in both crimes the investigation is over and the final report has already been filed in Crime No.610 of 2018 and a refer report has been filed in Crime No.3278 of 2020.
Since the investigation is over and the final report has already been filed, this writ petition is closed with liberty to the petitioner to seek her remedy, if any, available under law.
Sd/- DR.KAUSER EDAPPAGATH, JUDGE
AS
WP(C) NO. 10697 OF 2021
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APPENDIX OF WP(C) 10697/2021
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE COMPLAINT DATED 22.05.2019. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE PROCEEDINGS OF THE CHILD WELFARE COMMITTEE, KOLLAM DATED 22.05.2019. |
| EXHIBIT P3 | TRUE COPY OF THE ANONYMOUS COMPLAINT DATED NIL. |
| EXHIBIT P4 | TRUE COPY OF THE FIR IN CRIME NO. 3278 OF 2020 OF KOLLAM EAST POLICE STATION DATED 13.12.2020. |
| EXHIBIT P5 | TRUE COPY OF THE MEDICAL REPORT DATED 13.12.2020. |
| EXHIBIT P6 | TRUE COPY OF THE PROCEEDINGS OF THE CHILD WELFARE COMMITTEE, KOLLAM DATED 07.12.2020. |
| EXHIBIT P7 | TRUE COPY OF THE F.I.R IN CRIME NO. 610 OF 2018 OF KOLLAM EAST POLICE STATION, DATED 30.03.2018. |
| EXHIBIT P8 | TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER DATED 29.03.2021. |
| EXHIBIT P9 | TRUE COPY OF THE COMPLAINT MADE BEFORE THE STATE POLICE CHIEF DATED 05.04.2021. |
| EXHIBIT P10 | TRUE COPY OF THE COMPLAINT MADE BEFORE POLICE CHIEF DATED 05.04.2021. |
| EXHIBIT P11 | TRUE COPY OF THE LETTER ISSUED BY THE SUPERINTENDENT OF A.A.RAHIM MEMORIAL DISTRICT HOSPITAL DATED 25.08.2021. |
WP(C) NO. 10697 OF 2021
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EXHIBIT P12 TRUE COPY OF THE LETTER ISSUED BY THE INSPECTOR OF VANITHA CELL KOLLAM CITY DATED 01.09.2021. EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED NIL
3 issues framed by the court
Whether to direct the court to call for records and entrust the investigation of two pending crimes to an officer not less than the rank of Inspector General of Police.
Whether to address the allegation of victimisation against the petitioner in a separate crime.
Whether the writ petition is maintainable given that investigations in both alleged crimes were concluded and final/refer reports filed.
2 provisions across 1 enactments
MISS. X (MINOR)
THE STATE OF KERALA
THE STATE POLICE CHIEF
THE DISTRICT POLICE CHIEF
THE CHILD WELFARE COMMITTEE KOLLAM DISTRICT
THE SUB INSPECTOR OF POLICE
DR. JUSTICE KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
