IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 8586 of 2010(Q) ----------------------------------------- PETITIONER(S): ------------------------- HAROOFA (MINOR), AGED 12 YEARS, D/O.ANWAR UMMINIKKONNEN, REPRESENTED BY MOTHER RASEENA, W/O. UMMINIKKONNEN ANWAR, UMMINIKKONNEN HOUSE, PADINJARE MURI, KAVALAPPARA, MALAPPURAM. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): ---------------------------- 1. THE S.I. OF POLICE, MALAPPURAM. 2. THE S.P. OF POLICE, MALAPPURAM. 3. THE DY. S.P. OF POLICE, MALAPPURAM. 4. THE STATE OF KERLA, REPRESENTED BY SECRETARY TO HOME AFFAIRS SECRETARIAT, TRIVANDRUM. R1 TO R4 BY GOVERNMENT PLEADER SRI. V. MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8586/2010 Q APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF FIR 396/2009 OF MALAPPURAM POLICE DTD. 9/09/2009. P2: COPY OF THE REPRESENTATION BEFORE THE S.P. OF POLICE, MALAPPURAM DTD. NIL . P3: COPY OF THE NOTICE FROM THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE STATEMENT OF THE TEACHER. /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== W.P(C) No.8586 of 2010 ==================================== Dated this the 29th day of June, 2011 J U D G M E N T Petitioner, then studying in the sixth standard is said to have been subjected to outraging of modesty and other offences on 07.06.2009. It is alleged that the girl was going to the Madrassa at about 7.15 p.m. Her version is that at the time it was heavily raining with thunder and lightening. On the way an unacquainted man took her to a club room, raised the shutter of the said room, took her inside and misbehaved with her. It is further alleged that petitioner somehow escaped from the clutches of the said man, ran to the Madrassa and told the incident to the teachers there. First information regarding the alleged incident was given to the Malappuram police on 09.09.2009 at 4.45 p.m after petitioner's father returned from abroad. The police registered Crime No.396 of 2009 for offences punishable under Sections 342, 354 and 506 of the Indian Penal Code. Initially the Sub Inspector conducted the investigation. He questioned several witnesses but could not find any clue in the matter. Later his investigation revealed that no such incident had taken place. It is stated that the Sub W.P(C) No.8586 of 2011 -: 2 :- Inspector questioned persons residing near the scene of alleged incident. According to the Investigating Officer, on questioning the owner of the building it was revealed that the club room was remaining closed for long and it appeared to the Investigating Officer that if the shutter of the room was raised it would have made sufficient noise to attract the people residing near the club room. None of them heard any such sound. Teachers in the Madrassa also did not confirm the version of petitioner that she had gone to the Madrassa with torn and wet cloths. Investigating Officer has identified the vehicle referred by the petitioner, found that one Basheer who owned that vehicle purchased it from another person who is committed to have theft of that vehicle from Karnataka, but the alleged assailant could not be traced. It is at that stage petitioner has approached this Court seeking direction for further investigation by any other agency. 2. This Court on 18.03.2011 passed an interim order directing the Director General of Police to entrust the case to a competent Officer of his choice. Accordingly investigation of the case was entrusted with the Deputy Superintendent of Police, Narcotic Cell, Malappuram and he is continuing investigation. Learned counsel submitted that petitioner had received several W.P(C) No.8586 of 2011 -: 3 :- threatening calls after registration of the case and no attempt was made to trace the callers. In answer to that, learned Public Prosecutor submitted that the Cyber Cell of the Police has already taken steps to trace the callers. Now that the investigation is being conducted by the Deputy Superintendent of Police it is not necessary to make any further direction in the matter at this stage. The Deputy Superintendent of Police, Narcotic Cell, Malappuram is directed to complete the investigation and submit appropriate report before the jurisdictional Magistrate at the earliest. Writ Petition is closed with the said direction. THOMAS P. JOSEPH, JUDGE. vsv