Murugan v. Inspector of Police, W-034 Ennore Police Station, Chennai
2007-04-17
K.N.BASHA
body2007
DigiLaw.ai
Judgment : 1. Learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking for the relief of directing the respondent police to register the first information report on the basis of the specific allegations given by the petitioner in his complaints dated 7.4.2007 and 13.4.2007. 2. Learned counsel for the petitioner submits that the petitioner is a tsunami victim and residing in the temporary shelter and one Peter was residing adjacent to the shelter bearing No. 516. It is also submitted by the learned counsel for the petitioner that the said Peter was indulging in frequent sexual assault on the victim child aged about 9, who is the daughter of the petitioner and the petitioner was compelled to give a report to the respondent police on 7.4.2007. It is further submitted by the learned counsel for the petitioner that in spite of receiving the complaint, the respondent police has not taken any action. Learned counsel for the petitioner also submits that after filing the petition seeking permission to move the matter urgently before this Court on 13.4.2007, a copy was served to the Public Prosecutors office and only thereafter, hurriedly, the respondent police registered a case on the basis of the complaint given by the petitioner for the offence under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. Learned counsel for the petitioner submits that at the instance of the influential persons, the respondent police gave pressure to the petitioner herein to withdraw the earlier complaint and the petitioner was left with no other alternative except to give a request for withdrawal of the complaint on 10.4.2007. It is also brought to the notice of this Court that even after withdrawal of the complaint the said accused person viz., Peter threatened the petitioner and his family members with dire consequences. Learned counsel for the petitioner further submitted that after getting the full information from the child, the petitioner has given a detailed report on 13.4.2007 and till date, the police has not taken any action. Therefore, it is submitted by the learned counsel for the petitioner that the petitioner is seeking direction to the respondent police to take effective steps in accordance with law by registering the first information report for the offence as per the allegations contained in the complaint dated 13.4.2007. 3. Learned Government Advocate (Crl.
Therefore, it is submitted by the learned counsel for the petitioner that the petitioner is seeking direction to the respondent police to take effective steps in accordance with law by registering the first information report for the offence as per the allegations contained in the complaint dated 13.4.2007. 3. Learned Government Advocate (Crl. Side) submits that a case was registered on the basis of the complaint given by the petitioner dated 7.4.2007 for the offence under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. It is further submitted by the learned Government Advocate (Crl. Side) that the respondent police is investigating into the matter and the investigation is in progress. It is also brought to the notice of this Court that the girl was sent for medical examination on 16.4.2007 and no report has been received. 4. I have carefully considered the submissions of both sides and also perused the petition filed by the petitioner herein. 5. It is a very unfortunate and pathetic case where the father of the victim has come forward with this petition seeking the relief of registering the first information report and proper investigation into the matter for the alleged sexual assault committed by the accused in this case. It is very curious to note that in spite of definite allegations made by the petitioner to the effect that the accused person in this case has committed the offence of rape, that too, on a victim who is aged about 9 years, the respondent police is resorted to register a case only for the offence under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. It is very unfortunate to note the lethargic, careless and deliberate attitude of the respondent police in registering a case in respect of the child victim for the offence under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. Today it is reported by the learned Government Advocate (Crl. Side) that the victim girl was sent for medical examination only on 16.4.2007 and there is absolutely no explanation for not registering the first information report for the alleged offence of rape and for not referring the girl for medical examination immediately.
Today it is reported by the learned Government Advocate (Crl. Side) that the victim girl was sent for medical examination only on 16.4.2007 and there is absolutely no explanation for not registering the first information report for the alleged offence of rape and for not referring the girl for medical examination immediately. It is also curious to note that in spite of giving complaint as early as 7.4.2007, the respondent police did not raise its little finger and ultimately, the petitioner was forced to withdraw his complaint on 10.4.2007. and only thereafter, as the petitioner was threatened with dire consequences, the petitioner has to give a detailed complaint on 13.4.2007 and the allegation contained in the complaint dated 13.4.2007 clearly constitutes the offence of sexual assault against the accused person in this case. The respondent police has adopted totally an unknown procedure and registered the case for the offence under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in spite of the fact that the victim girl is aged about 9 years. Therefore, this Court is constrained to direct the respondent police to send the entire case records along with Crime No. 4 of 2007 to the Inspector General of Police, CBCID (Metro Wing), Government Estate, Anna Salai, Chennai and on receipt of the case records from the respondent police, he shall nominate a competent police official to investigate into the matter in accordance with law and to file a final report within a period of three months from the date of receipt of a copy of this order. It is further directed that the victim child should be sent for fresh medical examination under the supervision of the Dean of Madras Medical College Hospital, Chennai. 6. The Criminal Original Petition is disposed of accordingly.