FOUSIYA MANJU K v. STATE OF KERALA AND OTHERS
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Gopinath P.
- Judgment Date
- 2023-10-13
- Court Decision / Holding
- Annexure-B, to the extent it posts CMP 650/2023 for recording sworn statement on 17-10-2023, is quashed. The learned Magistrate must reconsider Annexure-A and decide whether the matter should be forwarded for Police investigation under Section 156(3) Cr.P.C., taking into account the law laid down in Crl.M.C.No.5429/2023 and the cited authorities. This CrL.M.C. is disposed of with these directions, and the matter is to be decided within two weeks from the date of production of this order.
- Final Disposition
- Disposed of with directions; Annexure-B set aside to the extent noted; Magistrate directed to reconsider and decide on forwarding to Police under 156(3) Cr.P.C. within two weeks; case stands disposed of.
Parties to the Case
Appellants / Petitioners
- FOUSIYA MANJU K
Respondents
- State of Kerala
- Shahida
- Abdul Kalam
- Muhammed Sadarudeen S
- Muhammed Sabeesh S
- Suhara
- Fathimuthu
Legal Representation & Advocates
Counsels for Petitioners
- • M.H.Hanis
- • P.M.Jinimol
- • T.N.Lekshmi Shankar
- • Anandhu P.C.
Counsels for Respondents
- • Noushad K.A. (Sr.PP)
Case Synopsis & Summary
Fousiya Manju K, the complainant, challenges CRL.MC 8457/2023 in which the Judicial First Class Magistrate Court-II, Kochi, proceeded to record the private complaint under Section 200 Cr.P.C. rather than forwarding it for investigation under Section 156(3) Cr.P.C. The incident alleged involves the petitioner and her children being attacked by the accused with an iron box and iron rod, with offences under IPC sections 323, 324, 354, 392, 452, and 506 read with Section 34. The petitioner contends police inaction led her to file a private complaint and that material recovery (including a mobile phone with nude photographs and other documents) is essential for the just decision of the case. She seeks quashing of Annexure-B and a direction to forward the matter to police under 156(3) Cr.P.C. The High Court, citing XYZ v. State of Madhya Pradesh, Priyanka Srivastava v. State of UP, and Femeena v. State of Kerala, notes that where allegations warrant recovery under Section 27 of the Evidence Act, it is imperative to refer to police under 156(3) Cr.P.C. Instead of recording sworn statements, the Magistrate should refer the matter for investigation. Annexure-B’s posting for sworn statement is quashed to the extent described; the Magistrate is directed to reconsider in light of these authorities within two weeks. The petition is disposed of with these directions.
Provisions of Law Cited
Legal Doctrines & Maxims
- In cases where the allegations warrant a recovery under Section 27 of the Evidence Act, it is necessary to refer the matter to the Police under Section 156(3) Cr.P.C.
- A court should forward to Police under 156(3) Cr.P.C. rather than recording sworn statements in certain cases, as per XYZ v. State of Madhya Pradesh and Priyanka Srivastava v. State of UP.
- Femeena v. State of Kerala for similar considerations and the Kerala ILR precedent cited in this judgment.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that the Magistrate erred in treating the private complaint under Section 200 Cr.P.C. and posting for sworn statement, instead of referring the matter to police under Section 156(3) Cr.P.C. She seeks quashing of Annexure-B and directing police investigation to recover essential material (e.g., a mobile phone with nude photographs) under Section 27 of the Evidence Act, arguing that such investigation is necessary for a just decision. She relies on XYZ v. State of Madhya Pradesh, Priyanka Srivastava, and Femeena v. Kerala, and the Kerala ILR decision in Crl.M.C.No.5429/2023.
Contentions of Respondents
Not explicitly stated in the document. The order records the hearing and the Senior Public Prosecutor’s input but does not delineate a separate, detailed argument from the respondents beyond reliance on statutory provisions and the court’s precedents.
Cited Precedents (4)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| XYZ v. State of Madhya Pradesh | 2022 (5) KHC 403 (SC) | Positive | Cited to support that recoveries under Section 27 of the Evidence Act warrant police investigation under 156(3) Cr.P.C. |
| Priyanka Srivastava v. State of UP | 2015 (2) KLT 451 (SC) | Positive | Cited for the principle that police investigation may be necessary in certain private complaint scenarios. |
| Femeena v. State of Kerala | ILR 2023 (1) Kerala 965 | Positive | Cited as a Kerala precedent supporting the approach to refer for investigation under 156(3) Cr.P.C. |
| Crl.M.C.No.5429/2023 | Crl.M.C.No.5429/2023 | Positive | This Court’s order is relied upon as guiding principles for re-consideration of forwarding for investigation. |
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