High Court of KeralaWP(C)/22132/2015disposed of

Maya Sreekumar v. The Director Of General Of Police

2015-11-06Honourable Mr. Justice P.Ubaid3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 WP(C).No. 22132 of 2015 (N) ---------------------------- PETITIONER:

------------------- MAYA SREEKUMAR, AGED 35 YEARS W/O.SREEKUMARAN NAIR, KRISHNAVENI VEEDU NADUVILE VILLAGE, KIZHAKKUMCHERRY KIZHAKKENADA, VAIKOM, KOTTAYAM DISTRICT.

BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENTS:

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

1. THE DIRECTOR OF GENERAL OF POLICE KERALA, THIRUVANANTHAPURAM, PIN - 695 001.

2. THE DISTRICT CHIEF OF POLICE KOTTAYAM, PIN. 686 001.

3. THE SUB INSPECTOR OF POLICE VAIKOM POLICE STATION, KOTTAYAM DISTRICT, PIN 686 141. BY PUBLIC PROSECUTOR SMT. MADHUBEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22132 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS ------------------------------------ P1 - TRUE COPY OF THE COMPLAINT DATED 5.5.2015 P2 - TRUE COPY OF THE ORDER DATED 25.5.2015 IN CMP NO.268/2015 OF THE SESSIONS COURT KOTTAYAM.

P3 - TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1026/15 OF VAIKOM POLICE STATION.

RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- W.P.(C)No.22132 of 2015 --------------------------------------- Dated this the 6th day of November, 2015

JUDGMENT

The writ petitioner herein seeks a writ of mandamus directing effective investigation in a crime where she is the defacto complainant. Her grievance is that at about 8.30 PM on 03.05.2015, she was assaulted by one Muraleedhara Kurup, and he even outraged her modesty. Now, there is police report that the police had registered a crime on the complaint of the petitioner, and that the said crime stands referred on the finding that it is a false complaint. In such a situation, the writ petitioner will have to approach appropriate court, and she will have to pursue the normal remedy possible under the Code of Criminal Procedure as regards the final report submitted by the police. In the above situation, this writ petition need not proceed. In the result, this writ petition is disposed of with observation that the writ petitioner can pursue appropriate normal remedies possible under the Code of Criminal Procedure, as regards the final report submitted by the police in the crime. Sd/- P. UBAID, JUDGE sd