IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Crl.MC.No. 2339 of 2009() -------------------------------------- (CRIME NO.157/2008 OF VELLIKULANGARA POLICE STATION) PETITIONER(S): ------------------------ SOFIA M.J.,D/O.JOSE M.N.,AGED 24, MANJALY HOUSE,MONODY,VELLIKULANGARA, THRISSUR DISTRICT. BY ADVS. MR.K.I.ABDUL RASHEED, MR.K.A.SHAMSUDEEN, SMT.SEEMA.E.GEORGE, MR.C.MOIDEEN KUTTY, SMT.V.H.JASMINE. RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, VELLIKULANGARA POLICE STATION,THRISSUR. 2. THE SUPERINTENDENT OF POLICE,THRISSUR. 3. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 4. RENJITH,S/O.RAVEENDRAN,R.R.BUILDING, NILAKKAMUKKU,THIRUVANANTHAPURAM DISTRICT. 5. RAVEENDRAN,R.R.BUILDING, NILAKKAMUKKU,THIRUVANANTHAPURAM DISTRICT. 6. INDIRA,W/O.RAVEENDRAN,R.R.BUILDING, NILAKKAMUKKU,THIRUVANANTHAPURAM DISTRICT. R1 TO R3 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2339 of 2009 -------------------------- ORDER Petitioner is the defacto complainant in Crime No.157/2008 of Vellikulangara Police Station. A complaint filed by the petitioner alleging that respondents 4 to 6 committed offences under Section 376 and 493 read with Section 34 of Indian Penal Code was sent by Judicial First Class Magistrate, Chalakkudy for investigation under Section 156(3) of Code of Criminal Procedure to the police. Based on that complaint Annexure-A1 FIR was registered. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the second respondent, Superintendent of Police, Thrissur to hand over the investigation to an Officer not below the rank of Deputy Superintendent of Police and also for a further direction to investigate the case after incorporating the offences under Sections 376 and 493 of Indian Penal Code. CRMC 2339/09 2 2. Grievance of the petitioner is that after registration of the case and in the course of investigation, the Investigating Officer filed Annexure-A2 report to the effect that investigation revealed that only an offence under Section 498A of Indian Penal Code is attracted and therefore, offences under Sections 376 and 493 read with Section 34 of Indian Penal Code are deleted. The case of the petitioner is that she did not voluntarily consent to the sexual intercourse by fourth respondent and therefore, offence under Section 376 of Indian Penal Code is attracted and when ingredients of an offence under Section 493 of Indian penal Code is falsely made out, the case is to be investigated for the said offence also. As held by the Apex Court in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724), if petitioner is not satisfied with progress of the investigation or the manner in which the investigation is being proceeded with, she has to approach the Magistrate CRMC 2339/09 3 under Section 156(3) of Code of Criminal Procedure for a proper direction. Before approaching the Magistrate, she is not entitled to file a petition under Section 482 of Code of Criminal Procedure. With liberty to approach the Magistrate under Section 156(3) of Code of Criminal Procedure, this petition is disposed. 22nd July, 2009 (M.Sasidharan Nambiar, Judge) tkv