PRASANTH V KURUP Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) Petitioner has approached this Court alleging that the police is inactive in registering crime and conducting investigation, in spite of a statement furnished by his wife before the first respondent alleging grievous physical assault on her, on 29.07.2017.

(2.) According to the petitioner herein, he is having a strained relationship with his wife, who is the additional 9 th respondent. She allegedly suffered grievous injuries on various parts of the body, including on the private parts, inflicted by one Shiju and his friends during night of 29.07.2017. She was taken to the hospital and was treated there for several days. They had intimated the police authorities regarding the assault and injury. It is alleged that, on getting information from another person about the injuries inflicted on his wife, petitioner contacted her and a complaint was laid before the 4 th respondent raising the grievance of not registering the crime. According to him, when he contacted his wife, she had revealed that very grievous injuries sustained by her were inflicted by Shiju and others. She requested to save her from their clutches. Consequently, he gave Ext.P1 complaint dated 18.08.2017 before the 4 th respondent disclosing the entire facts and requesting them to register a crime. A copy of Ext.P1 was submitted to the IG of Police, Ernakulam range and petitioner met him in person on 18.08.2017. Inspite of the above, police failed to register a crime and to conduct investigation. In the meanwhile, the details of the above assault and the alleged inaction of the police was widely telecasted in the electronic and published by other media. It was alleged that thereafter, the police is attempting to get the matter compromised with the intervention of outside agencies and now they were attempting to project the injuries as those sustained in the course of domestic dispute between the injured and Shiju. Petitioner herein relied on the wound certificate relating to the wife to contend that, she had suffered various injuries on her body including serious injuries on her private parts. Alleging that the injured was under the constant threat of others and that, she was not able to complain by herself, petitioner has approached this Court seeking a direction to hand over investigation to a senior lady IPS officer, not below the rank of Superintendent of Police. He also sought for calling the records relating to the treatment of the petitioner herein kept in the hospital.

(3.) The first respondent, Station House Officer of Maradu Police Station has filed a detailed counter affidavit traversing the various allegations mentioned in the complaint. According to him, an information was received from the concerned hospital regarding the admission of 9 th respondent on 29.07.2017 at 10. due to assault by a person by name Shiju, claimed to be the friend of the 9 th respondent. The intimation was received on 30.07.2017 at 10 a.m. Additional SI was deputed along with the women constable for recording the statement of the victim. It was informed that the patient got discharged. She got admitted again and her statement was recorded by the ASI and a woman constable on 31.07.2017. She, in her statement stated that, on 29.07.2017, she, picked up a quarrel with Shiju in the course of her discussion. He got angry and assaulted her. She was rushed to the hospital by Shiju and his friend. Thereafter, she got herself discharged and went with her parents, who had reached the spot in the meanwhile. She stated that she had no complaint against the said Shiju. Her only demand was that Shiju may be appropriately warned against repeating such offences. The statement dated 31.07.2017 of the victim was produced as Ext.R1(a). Thereafter, a person brought an agreement purported to have been executed by Shiju and the victim in the presence of a notary stating that the matter was settled. Thereafter, both sides were called and entries were made in the petition register to the effect that they have resolved their dispute. 9 th respondent, her father and the brother-in-law of Shiju had also signed the petition register. Subsequently, petitioner approached the 5 th respondent with a petition alleging that his wife was brutally assaulted and gang raped by Shiju and others and police was not taking any action after recording her statement. He wanted the crime to be registered. As directed by the 5 th respondent, third respondent enquired into the matter and victim's statement was recorded as Ext.R1(d). She reiterated that there was a quarrel between herself and Shiju and in the course of it, Shiju had beaten her due to sudden provocation. The incident happened due to certain misunderstanding. The medical certificate was obtained from the hospital and the statement of the victim so recorded was produced as Ext.R1(e). Thereafter, on 21.08.2017, 9 th respondent filed a complaint against the petitioner herein before the 4 th respondent alleging that the petitioner herein was involved in 15 cases, out of which, 7 were registered as per her complaint. Complaint was also produced as Ext.R1(f).