A writ petition challenging non-investigation in a POCSO case. The Court ordered that the investigation be transferred and conducted by the Deputy Superintendent of Police, Pathanamthitta.
Petition disposed of with direction for transfer of investigation of Crime No.152/2023 to the Deputy Superintendent of Police, Pathanamthitta.
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 GOPINATH P.
TUESDAY, THE 17TH DAY OF OCTOBER 2023 / 25TH ASWINA, 1945
WP(CRL.) NO. 424 OF 2023
PETITIONER/S:
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BY ADVS.
B.PRAMOD
BIJU VIGNESWAR
AYYAPPADAS V
RESPONDENT/S:
1THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, PATHANAMTHITTA,
PIN - 689645
2 THE DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PIN - 6896453 THE STATION HOUSE OFFICER, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 691523SRI G. SUDHEER (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
17.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 424 OF 2023 2
JUDGMENT
Petitioner is the de facto complainant in Crime No.152/2023 of Adoor police station, Pathanamthitta district, alleging commission of offences under Sections 3(b), 9(l), 9(m), and 9(p) of the Protection of Children from Sexual Offences Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Accordingly, the writ petition will stand disposed of, directing that the investigation in Crime No.152/2023 of Adoor police station, shall be transferred and shall be conducted by the 2nd respondent (namely, the Deputy Superintendent of Police, Pathanamthitta).
Sd/-
GOPINATH P.,JUDGE
ajt
WP(CRL.) NO. 424 OF 2023 3
APPENDIX
EXHIBIT P1 - TRUE COPY OF THE FIR IN CRIME NO.31/2023 OF EDATHALA POLICE STATION
EXHIBIT P2 – TRUE COPY OF THE FIS DATED 30.01.2023 GIVEN BY THE PETITIONER IN CRIME NO.31/2023 OF EDATHALA POLICE STATION
EXHIBIT P3 – TRUE COPY OF THE PETITION DATED 19.01.2023 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P4 – TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD SHOWING THE RECEIPT OF THE EXHIBIT P3 PETITION BY THE 1ST RESPONDENT.
2 issues framed by the court
Whether the investigation in Crime No.152/2023, alleging offences under POCSO, should be transferred from Adoor PS to the jurisdictional DSP.
Whether a direction for transfer of investigation is necessary in public interest.
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THE DISTRICT POLICE CHIEF, PATHANAMTHITTA
THE DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA
THE STATION HOUSE OFFICER, ADOOR POLICE STATION
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court