LAWS(KER)-2012-9-69

SUKUMARA PANICKER Vs. STATE OF KERALA

Decided On September 17, 2012
SUKUMARA PANICKER Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER is stated to be a practicing Lawyer in the courts of Kattakada. He has filed a complaint before the police alleging that his daughter, a nursing student, had been subjected to harassment and, in fact, an atrocity was committed against her by some persons including a teacher, and Principal of a Nursing College and another. Complaint filed before the Additional Chief Judicial Magistrate, Trivandrum, being referred to Police for investigation under Section 156(3) of the Code of Criminal Procedure, for short the 'Code', a crime was registered. That crime is not being properly investigated though the victim, daughter of the complainant, is a member of Schedule Caste and the harassment and ill treatment imputed against her fall within the ambit of atrocity as defined under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, for short the S.C & S.T. (P.A) Act, is the case of the petitioner/complainant to seek for issue of order/writ by this court directing the second respondent/Director General of Police to dispose of Ext.P3 representation filed before that respondent, and for handing over the investigation of the crime to a superior Police Officer.

(2.) LEARNED Public Prosecutor after getting instructions reports that the investigation has revealed that the complaint filed is false, and a report stating so is proposed to be filed before the Magistrate.