HEMALATHA Vs. STATE OF KERALA

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India, the defacto complainant in C.C.No.1338 of 2011 on the file of the Judicial First Class Magistrate Court-II, Hosdurg, seeks further investigation in Crime No.475/2011 of Nileswaram Police Station. The petitioner is injured in the crime. Based on the first information statement submitted by the petitioner, the Police registered FIR alleging offences punishable under Ss. 143, 147, 148, 451, 323, 324, 427 and 297 r/w Sec. 149 of IPC. Eight persons were named in the first information statement. The petitioner stated that she could identify the other persons involved in the crime, though she could not name them. Respondent No.5, the Sub Inspector of Police, Nileswaram, conducted an investigation and submitted the final report after deleting three accused (accused Nos.6 to 8). The Investigating Officer deleted the penal Sec. 324, 427 and 297 of IPC in the final report.

(2.) The petitioner submitted Ext.P8 petition seeking further investigation before the Magistrate Court. The learned Magistrate rejected the petition. The petitioner challenged the order before this Court by filing Crl.R.P.No.828/2014. This Court, as per order dtd. 15/10/2018, dismissed the revision petition.

(3.) The petitioner thereafter filed this writ petition praying for the following reliefs:-