Kerala High Court Reserves Order On Woman's Plea Alleging Non-Registration Of FIR Over Alleged Rape By Police Officers

Justice A. Badharudeen condemned the act of not registering an FIR when there are allegations of cognizable offences like rape. It orally stated that the government and police officials are duty-bound to conduct a fair investigation against the accused persons based on the complaint of the woman.

The petitioner alleges the commission of offences under Sections 375, Section 376 (2) (punishment for rape), 377 (unnatural offences), 354 (assault or criminal force to outrage women's modesty), 354A (sexual harassment and punishment for sexual harassment), 354B (assault or criminal force to woman with intent to disrobe), 354D (stalking), 506 (punishment for criminal intimidation), 446 (house breaking at night), 450 (house trespass to commit offences punishable with life imprisonment) read with Section 34 (common intention) of the IPC against higher police officials in Malappuram district.

The petitioner alleged that no FIR was registered against the accused despite her filing complaints before the Local Station House Officer, District Police Chief and Judicial First Class Magistrate, Ponnani in Malappuram. She alleged that the police were taking statements from witnesses and carrying out an informal inquiry without filing an FIR.

The petitioner argues that preliminary inquiry without registration of FIR violates the Apex Court guidelines laid down in Lalitha Kumari v Government Of UP.

The petitioner alleged that crime can be registered against the accused persons without waiting for a report as per Section 175 (4) of the BNSS even though the accused persons are public servants. She claims that an FIR has to be registered against the accused since the acts alleged against them were serious in nature and were not committed during the discharge of any public duties. The petitioner argued that the accused should not receive immunity for being public servants since the acts committed by them were unrelated to their public duties and were committed in their personal capacities.

The petitioner thus seeks a writ of mandamus to register the FIR. The petitioner further prays that the registration of FIR and procedure for recording witness statements must be in accordance with the law laid down by the Apex Court through various judgments.

The plea has been moved by Advocates Muhammed Firdouz A.V. , M.P.Shameem Ahamed, Libin Varghese, Akhil Philip Manithottiyil, A.H.Sincey

Case Number: WPC 33035/2024

Case Title: XXX v State of Kerala