SREEMATHI Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE prayer in this petition is to direct the first respondent to dispose of Ext.P5, representation, direct fifth respondent to register a case pursuant to Ext.P3, complaint and to direct the first respondent to order departmental enquiry against respondents 2 to 4 for what petitioner says, malafide act on their part. According to the petitioner, on 29.01.2011 at about 7.10 p.m. two persons trespassed into her house, outraged her modesty, snatched her gold chain and threatened to kill her. Petitioner was admitted in the Taluk Head Quarters, Neyyattinkara wherefrom intimation was given to the fourth respondent regarding the incident. Complaints were also given to respondents 2 to 4 on 30.01.2011. But, the Police did not register a case. On 04.02.2011 the husband of petitioner preferred a complaint to first respondent, Director General of Police complaining of inaction on the part of Neyyattinkara Police in registering a case concerning the incident. It is stated that fourth respondent has recorded the statement of petitioner and some other eye witnesses but, without registering a case. Hence this petition claiming reliefs as above stated. Learned counsel submitted that on 29.01.2011 morning, petitioner's husband was assaulted concerning which also a complaint was preferred but, without any action on it. It is prayed that reliefs as prayed for may be granted. Learned Public Prosecutor has submitted that in respect of the allegations made by petitioner in the Writ Petition and now at the time of hearing, a crime was registered by the Neyyattinkara Police as Crime No.199 of 2011 on 07.02.2011 for offences punishable under Sections 447, 294(b), 323, 354 and 506(ii) read with Section 34 of the Indian Penal Code, after investigation the Police found the case as mistake of fact and accordingly a refer report was submitted before learned Judicial First Class Magistrate-I, Neyyattinkara on 27.02.2011. It is also the submission of learned Public Prosecutor that the Police had given notice of the refer report to the petitioner.

(2.) LEARNED counsel however, pleaded that petitioner or her husband has not received any notice of the refer report either from the Police or from the court concerned.