IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 OP.No. 38372 of 2002(R) ------------------------------------ PETITIONER(S): ------------------------- ANITHA, AGED 35 YEARS, VALIYAPARAMBIL, MANJALY, MANAKKAPADY, KARUMALLOOR, NORTH PARUR. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------------------- 1. SUPERINTENDENT OF POLICE, ALUVA RURAL. 2. SUB INSPECTOR OF POLICE, ALUVA RURAL. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts O.P.NO.38372/2002 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PETITION DATED 15/12/02 SUBMITTED BEFORE 2ND RESPONDENT BY PETITIONER. P2 COPY OF THE DISCHARGE CARD DATED NIL, ISSUED FROM KMK HOSPITAL, N.PARUR. P3 COPY OF THE NEWS PAPER CUTTING OF MATHRUBHOOMI, DATED 16/12/02. ADDL.P4 COPY OF THE PETITION DATED 19/12/02 SUBMITTED BEFORE 2ND RESPONDENT BY PETITIONER. ADDL.P5 COPY OF THE PETITION DATED 19/12/02 SUBMITTED BEFORE 1ST RESPONDENT BY PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts O.P.NO.38372/2002 ORDER ON C.M.P.NO.66220/2002 & C.M.P.NO.64792/2002 IN O.P.NO.38372/2002 DISMISSED 20/06/2011 SD/- T.R.RAMACHANDRAN NAIR, JUDGE /TRUE COPY/ P.S.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.38372/2002-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of June, 2011 J U D G M E N T This original petition is filed by the petitioner seeking for a direction to conduct investigation to the complaint raised by the petitioner in Ext.P1 petition. It is pointed out that the allegations will constitute the commission of offences punishable under Sections 542, 427, 341 and 323 of the Indian Penal Code. 2. Along with C.M.P.No.66220/2002, the petitioner has produced two petitions which were filed as Exts.P4 and P5. It is averred in para.3 that a crime was registered after the filing of the original petition against the accused by the Sub Inspector of Police by including offences under Sections 448, 427 and 323 of the I.P.C. According to the petitioner, Section 452 ought to have been incorporated. 3. This original petition was filed in the year 2002. Already the trial of the case would have been over by now. If at all the petitioner had any complaint with regard to the non inclusion of any of O.P. No.38372/2002 -:2:- the offences, the same should have been raised before appropriate Criminal Court under the Code of Criminal Procedure. The original petition was not admitted also. Therefore, the same is dismissed as not entertainable. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms O.P. No.38372/2002 -:3:- T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.38372/2002-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 20th day of June, 2011