IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Crl.MC.No. 4880 of 2008() ------------------------------------ C.C. NO.1847/2004 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II, KOCHI. ................ PETITIONER(S): A3 ----------------------------- P.R.DAMODARAN , AGED 58,S/O.RAMAN VADAKKEVELIPPARAMBU VEEDU, LABOUR JUNCTION,EROOR TRIPUNITHURA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY ASST. COMMISSIONER OF POLICE KOCHI CITY (CRIME NO. 592/2001 OF CENTRAL POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.4880/2008 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE FINAL REPORT SUBMITTED BY THE RESPONDENT AGAINST THIS PETITIONER BEFORE CJM COURT, ERNAKULAM WHICH IS NOW PENDING AS CC. 1847/2004 ON THE FILE OF JFCM-II, KOCHI. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 4880 of 2008 - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2011. O R D E R The petitioner is the 3rd accused in Crime No. 592 of 2001 of Central Police Station, Kochi registered for offences punishable under Sections 3, 4, 5, 6 and 7(a) of the Immoral Traffic (Prevention) Act, 1956 and now pending as C.C. No. 1847 of 2004 before the Judicial First Class Magistrate-II, Kochi. 2. The case of the petitioner is that though the State issued a notification S.R.O. No. 344/2002 appointing the C.I of Police attached to various police stations in the State as special police officers for dealing with offences under the Immoral Traffic (Prevention) Act, in the instant case the Assistant Commissioner of Police has investigated the matter and has filed the charge sheet. The learned counsel for the petitioner relied on the decisions reported in 2008(2) KLT 521 - Radhakrishnan v. State of Kerala, 2002(1) KLT 693 - Sinu Sainudheen v. Sub Inspector of Police and 2011(2) KHC 958- Joseph v. State of Kerala. In 2011(2) KHC 958, this Court has held that non- compliance of procedure vitiates trial. The learned Public Crl.M.C. No. 4880/2008 2 Prosecutor on instructions submitted that the case having been investigated by the Sub Inspector of Police, the entire investigation is without jurisdiction. In that view of the matter, this Crl.M.C is allowed and the proceedings against the petitioner in C.C. No. 1847 of 2004 pending before the Judicial First Class Magistrate-II, Kochi arising out of Crime No. 592 of 2001 are quashed. sd/- B.P. RAY, JUDGE. rv