SHEENA DAISON Vs. STATE OF KERALA

JUDGEMENT

(1.) THE above writ petition is filed under Article 227 of Constitution of India praying inter alia: "i) Issue a writ of certiorari or other appropriate writ order or direction, quashing Ext.P5 in so far as it has directed the petitioner to come to the Police Station for examination. ii) Issue a writ of mandamus or other appropriate writ order or direction, directing the 2nd and 3rd Respondents to ensure transparency and avoid harassment and fabrication of false statements of Petitioner during examination by permitting the presence of Petitioner's Advocate during such examination and take videograph of such examination. Iii) Issue a writ of mandamus or other appropriate writ order or direction, directing the 2nd respondent to supervise the investigating of Crime 945/2012 to ensure transparency. iv) Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case."

(2.) THE case of the petitioner, who is a lady is that she is summoned to Thrissur West Police Station as per Ext.P5 proceedings issued by the C.I of Police, Thrissur West circle under Section 160 of Cr.P.C. which is illegal and improper. It is against the same proceedings the present writ petition is filed.

(3.) AS directed by this Court the District Chief Police filed a statement dated 23/3/2013 and in paragraph 9 of the said statement it is stated thus: Further, a notice under Section 160 Cr.P.C seeking the presence of the Petitioner Sheens Daison was also served on her by Respondent 3, who is investigating this case. Though the petitioner had not turned up before the Investigating Officer till date, I admit that such a move was an oversight from the part of the Investigating Officer and is in violation of 160 Cr.P.C wherein it clearly depict that no male person under the age of fifteen years or woman shall be required to attend other than the place in which such Male Person or women resides. On nothing this defect, I have already sought explanation from the Investigating Officer and have also instructed him to strictly adhere to the law and standing instructions henceforth in its letter and spirit.