The petitioners have come up with this writ petition with a request for a direction to the 1st and 2nd respondents for conducting proper investigation in the case, in which the 1st petitioner was attacked, and for incorporating the offences which are relevant in accordance with law. 2. According to the petitioners, the accused committed house trespass into their house on 02.09.2014 at 08.30 p.m. and beat the defacto complainant with a torch on her head, back and legs. It is also alleged that when the 2nd petitioner attempted to intervene to rescue of his mother, he was also beaten up. It is also alleged that the accused beat the daughter of the defacto complainant. It seems that initially a crime was registered by the Police as Crime No.1916 of the Adoor Police Station for the offences punishable under W.P.(C).25285/2014 : 2 :
Sections 341, 323 and 324 IPC only. The petitioners were seriously aggrieved, as non-bailable offences, which ought to have been included, were not incorporated by the investigating officer.
3. Heard the learned counsel for the petitioners and the learned Government Pleader.
4. Presently, the Sub Inspector of Police, Adoor has filed a statement before this Court by making it clear that, on the next day to the date on which the crime was registered, a report was sent to the Judicial First Class Magistrate's Court, Adoor for incorporating Section 452 IPC also in the Crime, in addition to Sections 341, 323 and 324 IPC. It is true that there was laches on the side of the Police, in not incorporating Section 452 IPC in the case, especially when the First Information Report itself reveals the ingredients of the offence under Section 452 IPC. Now that has been corrected, as a report has already been filed before the W.P.(C).25285/2014 : 3 :
court below for incorporating the offence under Section 452 IPC. By taking note of the said subsequent development, this Court is of the view that this writ petition can be closed.
In the result, this writ petition is closed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/11/11 // True Copy // P.A. To Judge