S VIMALA Vs. STATE

JUDGEMENT

(1.) THIS petition has been brought forth by the petitioner seeking a direction to the respondents to register a case on the complaint of the petitioner dated 31.1.2004 and investigate the case and file the final report.

(2.) THE case of the petitioners is that on 31.1.2004 at about 7.30 p.m., Krishnaprasad and Karunakaran Pillai, who are police personnel, along with Sundaram Pillai and Ravikumar trespassed into the house of the petitioners and uttered filthy language against the petitioners. THEreafter, the second petitioner was assaulted by them with the wooden log and caused injury on the left leg of the 2nd petitioner. On seeing the attack, the first petitioner alarmed and on hearing, the neighbours came there and the aforesaid four persons left the place. THE petitioners went to the Karungal Police Station on 31.1.2004 and they have not even taken the statement from the petitioners since the aforesaid Krishnaprasad and Karunakaran Pillai are police personnel. THE petitioner thereafter went to the Government Hospital at Kottar, Nagercoil and the second petitioner was admitted as in-patient for bout 11 days. While the second petitioner was undergoing treatment in the Government Hospital at Nagerocil, the Karungal Police, the first respondent came to the hospital and recorded the statement from the second petitioner, but the first respondent has not registered any case against the culprits.

(3.) IN view of the above decisions and considering the nature of the offence and facts and circumstances of the case, I think it is just and proper to direct the first respondent to register a case on the basis of the petitioners? complaint referred to above and investigate the same, if facts and circumstances warrant so, in accordance with law. Accordingly, a direction is issued to the first respondent.