Kerala High Court
Shameena vs The State Police Chief on 18 December, 2014
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 18TH DAY OF DECEMBER 2014/27TH AGRAHAYANA, 1936
WP(C).No. 34326 of 2014 (M)
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PETITIONER :
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SHAMEENA, AGED 26 YEARS,
PARAMMAL HOUSE, KATTUNGAL P.O.,
MUNDUPARAMBU, MALAPPURAM
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENTS :
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1. THE STATE POLICE CHIEF, THIRUVANANTHAPURAM-695010
2. THE SUPERINTENDENT OF POLICE, MALAPPURAM-676505.
3. THE CIRCLE INSPECTOR OF POLICE, NILAMBUR - 679329.
4. THE SUB INSEPCTOR OF POLICE, EDAKKARA,
NILAMBUR, MALAPPURAM - 679329.
R1 TO R4 BY GOVERNMENT PLEADER SRI. JIBU P.THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18-12-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
bp
WP(C).No. 34326 of 2014 (M)
APPENDIX
PETITIONER'S EXHIBITS :
P1: COPY OF THE ORDER DT 1/1/2013 CRL.M.C. NO. 1531/2012 ON THE FILE OF
SESSIONS COURT, MANJERI.
P2: COPY OF THE FINAL REPORT IN CRIME NO. 224/12 OF EDAKKARA POLICE
STATION.
P3: COPY OF THE REPRESENTATION DT 10/12/2014 SUBMITTED BY THE
PETITIONER BEFORE THE R1.
P4: COPY OF THE ORDER DT 13/11/2014 IN BA NO. 7060/2014 AND
CRL.M.C. 4803/2014 PASSED BY THIS HON'BLE COURT.
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
B. KEMAL PASHA, J.
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W.P.(C) No.34326 of 2014
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Dated this the 18th day of December, 2014
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~ According to the petitioner/defacto complainant, the accused in the case could not be subjected to potency test as he has not been arrested in the matter as he is abroad. Even though he has sought for anticipatory bail from this Court, the said application was dismissed. According to the petitioner, the investigating officer has filed final report in the matter without subjecting the accused to potency test. In such case, if the accused does not want to undergo the potency test, the necessary inference to be taken is that he is potent. If at all such a test has to be conducted, the trial court, during trial, can send him for potency test or order him to undergo potency test. In case WPC.34326/2014 : 2 : he is not willing, the trial court can necessarily draw an adverse inference in the matter.
With the said observations, this writ petition is disposed of.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/18/12 // True Copy // PA to Judge