IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Crl.MC.No. 831 of 2008() ------------------------ CP.159/2007 of JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM .................... PETITIONER: ------------ MEHARUNNISSA, W/O. ABOOBACKER, NALUKANDATHIL HOUSE, VANIMEL AMSOM AND DESOM, NADAPURAM, VATAKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- 1. ABDUL RAHIM, S/O. MUHAMMED, MAPPILAKANDI HOUSE, ORKKATTERI AMSOM, KARTHIKAPPALLI DESOM, VATAKARA TALUK. 2. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VALAYAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 831 of 2008 * * * * * * * * * * * * * * * * * * Dated: 26-02-2008 ORDER Petitioner one Meharunnissa is the de facto complainant in Crime No. 101 of 2007 of Valayam Police Station registered for offences punishable under Sections 341 , 354 and 511 of 366 I.P.C. Her grievance was that on 3-7-2007 when she left her house to pick up her daughter from the nursery and reached near the Kariyat Temple a Maruti Alto Car bearing Reg. No. KL 18 D-1800 coming from Kallachi side pulled up near her and the driver of the car opened the front door of the car and asked her to get inside the car. Getting perplexed when she attempted to move forward he obstructed the petitioner and caught hold of her right hand. The petitioner shook herself off from the clutches of the intruder and ran away and disclosed the incident to a nearby grocer by name Kumaran. By the time Kumaran came out of the shop the intruder had made good his escape. 2. After registering the above crime, the Sub Inspector of Police, Valayam filed the charge sheet against the first respondent herein namely Abdul Rahim who, according to the petitioner, is a close friend of her brother. The petitioner would swear that the first respondent was not that the intruder and he has been falsely implicated by the 2nd respondent Sub Inspector of Police . 2. The learned Magistrate has taken cognizance of the offences and has registered the case as C.P. 159 of 2007. According to the petitioner, the first respondent was certainly not the person who had attempted to make a prurient intrusion at her and that the investigation conducted by the 2nd respondent has not been fair and impartial. 3. There is no reason why the statement of the petitioner, a lady from Nadapuram, should be disbelieved by the court when she categorically swears that it was certainly not the first respondent who -:2:- attempted to abduct her. Accordingly, I order further investigation into Crime No. 101 of 2007 of Valayam Police Station by the Circle Inspector of Police, Nadapuram. The 2nd respondent shall hand over the investigation files to the Circle Inspector of Police, Nadapuram forthwith and the Circle Inspector of Police, Nadapuram shall conduct further investigation under Section 173 (8) Cr.P.C and file a supplementary final report before the Magistrate. All further proceedings in C.C. No. 159 of 2007 shall be kept in abeyance until the receipt of the supplementary final report. This Crl.M.C is disposed of as above. V. RAMKUMAR, (JUDGE) A copy of the order shall be forwarded to the J.F.C.M., Nadapuram for information and compliance. Handover copy to P.P. ani