Petitioner complained of non-registration of a FIR alleging sexual offences and obscene material posting. Court found that a case under IPC Sections 354 A(1)(iv), 506, 509 was already registered and ordered police to investigate and file the Final Report.
Directed the Police Station to conduct the investigation and file the Final Report.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944
WP(C) NO. 6302 OF 2021
PETITIONER:
SNEHA C.S, AGED 23 YEARS, W/O FEBIN, RESIDING AT EDATTUKARAN HOUSE, MALA P.O.THRISSUR DISTRICT, PIN CODE-680 732
BY ADVS. RAJESH KUMAR T.K MANOJ V GEORGE(D/1527/2004) T.N.BINDU(B-202) APARNA SOMARAJAN(K/781/2012) ASWIN K.R.(K/101/2021) MATHEWS BENNY(K/001194/2021) KEERTHANA.V(K/1968/2019)
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001. 2 SUPERINTENDENT OF POLICE (RURAL), ALUVA, POWER HOUSE JUNCTION, SUB JAIL ROAD, PERIYAR NAGAR, ALUVA, KERALA-683 101 3 STATION HOUSE OFFICE, MALA POLICE STATION, THRISSUR-680 732. SRI P G MANU-SR PP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO. 6302 of 2021
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JUDGMENT
Dated this the 6th day of December, 2022
The petitioner filed Ext.P1 complaint before the 3rd respondent against one Shahul K.A. @ Jophy John alleging that he has committed offence punishable under Sections 67, 67A, 66E of the Information Technology Act, 2000 and Section 354 C of the Indian Penal Code.
W.P.(C) NO. 6302 of 2021
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Prosecutor Sri.P.G.Manu submits that, a crime has already been registered as Crime No. 205/2021 under Section 354 A(1)(iv), 506 and 509 of IPC. The 3rd respondent is directed to conduct the investigation in accordance with law and file the Final Report. The concerned Dy.S.P. shall monitor the investigation.
The Writ Petition (Civil) is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
APA
W.P.(C) NO. 6302 of 2021
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APPENDIX OF WP(C) 6302/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 7.2.2021 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 7.2.2021 ISSUED FROM MALA POLICE STATION OF RECEIPT OF EXHIBIT P1 COMPLAINT
1 issue framed by the court
Whether the police failed in its duty not to register a complaint alleging offences under Sections 67, 67A, 66E of IT Act and Section 354 C of IPC.
3 provisions across 2 enactments
SNEHA C.S
STATE OF KERALA
SUPERINTENDENT OF POLICE (RURAL), ALUVA
STATION HOUSE OFFICE, MALA
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
