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High Court of KeralaOP(Crl.)/282/2014disposed of

Smt.Amminiyamma v. Sub Inspector Of Police, Haripad

2015-09-29Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 29TH DAY OF SEPTEMBER 2015/7TH ASWINA, 1937 OP(Crl.).No. 282 of 2014 (Q) ----------------------------- FIR NO. 874/2014 OF HARIPAD POLICE STATION, ALAPPUZHA . ----------------- PETITIONER :

--------------------- SMT.AMMINIYAMMA AGED 70 YEARS, W/O.RAGHAVAN, SUDHAKARALAYAM, NEENDOOR PALLIPPADU P.O.

BY ADVS.SRI.JOHN K.GEORGE SRI.PRABHU MATHEW RESPONDENTS :

---------------------------

1. SUB INSPECTOR OF POLICE, HARIPAD HARIPAD POLICE STATION, HARIPAD-690 514.

2. THILAKAN S/O.THANKAPPAN, THUSHARABHAVAN, NEENDOOR PALLIPPADU P.O., PALLIPPADU VILLAGE KARITHIKAPALLY TALUK, ALAPPUZHA-688 001.

3. BINDHU W/O.THANKAPPAN, THUSHARABHAVAN, NEENDOOR PALLIPPADU P.O., PALLIPPADU VILLAGE KARITHIKAPALLY TALUK, ALAPPUZHA-688 001.

4. MADHU VIMAL BHAVANAM, NEENDOOR, PALLIPPADU P.O., PALLIPPADU VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA - 688 001.

5. VIJAYAKUMAR VEMBOLIL (MOHANA VILASOM), NEENDOOR, PALLIPPADU P.O., PALLIPPADU VILLAGE, KARITHIKAPALLY TALUK, ALAPPUZHA - 688 001.

R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE R2 & R3 BY ADV. SRI.S.SHANAVAS KHAN THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 29-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

OP(Crl.).No. 282 of 2014 (Q) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1:

TRUE COPY OF THE CHARGE SHEET IN CRIME NO. 874/2014 OF THE HARIPPAD POLICE STATION.

EXT. P2:- TRUE COPY OF TJE ACCIDENT REGISTER CUM WOUND CERTIFICATE ISSUED BY THE DOCTOR.

EXT. P3:- TRUE COPY OF THE STATEMENT OF THE PETITIONER. EXT. P4:- TRUE COPY OF THE FIR IN CRIME NO. 874/14 OF HARIPAD POLICE STATION.

EXT. P5:- TRUE COPY OF THE PETITION FILED BY PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, HARIPAD. EXT. P6:- TRUE COPY OF THE ORDER DTD. 27/9/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, HARIPAD.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(Crl.) No.282 of 2014 Q ````````````````````````````````````````````````````````````` Dated this the 29th day of September, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ This is a case in which it is alleged that the de facto complainant woman was beaten up. According to her, her blouse was torn in the incident and her modesty was also outraged. It seems that the investigating officer has taken the view that the accused have committed the offences punishable under Sections 323 and 341 IPC. In the final report an offence under Section 354 IPC has not been incorporated.

2.

Matters being so, this is a case in which a further investigation on the said aspect is required. The Inspector of Police, Harippad shall conduct a further investigation in

O.P.(Crl.).282/2014 : 2 :

the matter, after informing the court below with regard to the same. He shall conduct a further investigation and file a further final report, expeditiously. Till then, the trial in the case before the court below shall stand stayed. O.P.(Crl.) is disposed of.

Sd/- (B.KEMAL PASHA, JUDGE) aks/29/09 // True Copy // PA to Judge