Sumi Sandal vs State Of Kerala

Dr. Kauser Edappagath, J

This writ petition has been filed, among other reliefs, to give a direction to the 4th respondent to conduct proper investigation in Crime No.1416/2021

of Pallikathode Police Station by incorporating all relevant sections of the offences involved.

The petitioner is the defacto complainant. Her allegation is that the accused Vishnu outraged her modesty and tried to sexually abuse her by

embracing and kissing and disrobing her in his house. According to the petitioner, though a complaint was preferred before the 4th respondent and a

crime was registered, only offence with lesser punishment is charged. It is in the said circumstances, the petitioner approached this Court.

I have heard Sri. Biju George, the learned counsel for the petitioner and Smt. T.V. Neema, the learned Senior Public Prosecutor.

Smt. T.V. Neema, the learned Senior Public Prosecutor on instructions submits that the investigation is only in the preliminary stage. She further

submits that offence under Section 354 A (i) and (ii) have been incorporated at present. The counsel for the petitioner submits that in fact the offence

under Section 354 B is involved. Since the investigation is at the preliminary stage, I am of the view that this writ petition can be disposed of with a

direction to the investigating officer to conduct a proper investigation and if it is found that the offence under Section 354 B is also involved, to

incorporate the said Section as well.

In the result, the writ petition is disposed of, with a direction to the 4th respondent to conduct a free and fair investigation in Crime No.1416/2021 of

Pallikathode Police Station. If during investigation it is found that the offence under Section 354 B or any other offence in involved, the 4th respondent

shall incorporate the said Section as well and conduct investigation.