“Shocking Failure To Take Action”: Kerala High Court Questions Delay In Probing 2022 Rape Allegations Against Ponnani Police Officers

The Kerala High Court questioned the delay in investigating rape allegations against four higher police officials in Ponnani, Malappuram district. The court was hearing a plea from a woman seeking to register an FIR under Section 173(1) of the BNSS. The Magistrate had called for a report from a superior officer instead of ordering an investigation. The court emphasized that the mandate under Section 175(4) applies only when a complaint against a public servant arises during the discharge of their official duties. The court directed the Magistrate to pass orders for investigation within ten days, highlighting the discretionary nature of calling for a report before ordering an investigation.