“CR” IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Crl.MC.No. 1671 of 2010() -------------------- CRIME NO. 327 OF 2010 OF MANNARCAUD POLICE STATION, PALAKKAD DISTRICT PETITIONER(S): ----------- BENCY N.L., D/O.LONAPPAN, NAISSERY, HOUSE NO.239/60,VADHYAR ROAD, KALOOR, ERNAKULAM. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. DR.PRECELINE GEORGE @ DR.ANTONY PRECELINE GEORGE,REG.NO.37755,S/O.A.T.GEORGE,ARAKKAL HOUSE, 36/3137,KATHRIKKADAVU,KALOOR P.O.ERNAKULAM R/AT PLOT NO.5,SURYA GARDENS,MAROTTICHUVADU,EDAPPALLY P.O.,KOCHI-24,ASST.SURGEON,REG.NO.37755,PRIMARY HEALTH CENTRE,ELAMBULASSERY PO,PALAKKAD DISTRICT. 2. MARGERATE PREMY,W/O.A.T.GEORGE,ARAKKAL HOUSE,DOOR NO.36/3137,KATHRIKADAVU,KALOOR PO, ERNAKULAM,KOCHI-17,R/AT SURYA GARDENS,FLAT NO.5, MAROTTICHUVADU,EDAPPALLY PO,COCHIN-24 AND R/AT SURYA GARDENS, FLAT NO.5,EDAPPALLY, ERNAKULAM. 3. A.T.GEORGE,ARAKKAL HOUSE,DOOR NO.36/3137 KATHRIKADAVU, KALOOR P.O.,ERNAKULAM, COCHIN-17, RESIDING AT SURYA GARDENS, FLAT NO.5, MAROTTICHUVADU, EDAPPALLY P.O., COCHIN-24. 4. THE SUB INSPECTOR OF POLICE, POLICE STATION, THRIKKAKARA. 5. THE SUB INSPECTOR OF POLICE, POLICE STATION, MANNARCAUD. PUBLIC PROSECUTOR SRI.C.M. NAZAR ADVS. M/S. SRI.SANTHAN V.NAIR & SRI.V.V.MITHUN FOR R1,2&3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: “CR” V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.1671 of 2010 -------------------------------------- Dated this the 4th day of June, 2010 ORDER Petitioner is the wife of the first respondent. Their marriage was solemnized on 7.6.2009. Thereafter the marital partners fell apart. The wife now seeks a direction to the fourth respondent, Sub Inspector of Police, Thrikkakara Police Station to investigate Annexure - A1 complaint registered as Crime No.639/2010 for an offence punishable under Section 498 A read with Sec. 34 IPC and a direction restraining the fifth respondent, Sub Inspector of Police, Mannarcaud from conducting any investigation consequent on the transfer of the F.I.R by the Thrikkakara Police to the Mannarcaud Police. 2. Annexure - A1 complaint filed by the petitioner before the J.F.C.M Court-I, Aluva was forwarded by the Magistrate to the Thrikkakara police under Section 156(3) Crl.M.C. No.1671 of 2010 : 2 : Cr.P.C. The Thrikkakara police registered a case as crime No.639/2010 for an offence punishable under Section 498 A read with Section 34 IPC. On 9.4.2010 the learned Magistrate received from the Thrikkakara police the F.I.R along with Annexure - A1 complaint. Thereafter on 22.4.2010 the Sub Inspector of police, Thrikkakara submitted a report before the Aluva Magistrate stating that since the occurrence took place within the limits of the Mannarcaud Police Station the case diary has been transferred to the Mannarkad Police and requested the Magistrate to forward the F.I.R and the complaint to the Mannarcaud Police Station. 2. Apart from the fact that going by the allegations in Annexure A1 complaint, part of the occurrence took place within the local limits of the Thrikkakara Police Station and therefore it was perfectly legal for the Thrikkakara Police to conduct the investigation [Vide Biju Purushothaman v. State of Kerala - 2008(3) KLT (85)], in the light of the decision reported in Rasiklal Dalpatram Thakkar v. State of Gujarath & others [2010 (1) SCC (1)] it was not permissible for the Thrikkakara Police to transfer the F.I.R to Crl.M.C. No.1671 of 2010 : 3 : another Police Station for the reason that the Thrikkakara Police to which the complaint was forwarded under Section 156(3) Cr.P.C has no territorial jurisdiction to investigate the offence. 3. This Criminal M.C is accordingly allowed directing the fifth respondent, Sub Inspector of Police, Mannarcaud to re-transfer the records in Crime No.327/2010 of that police station to Thrikkakara Police Station. The fourth respondent, Sub Inspector of Police, Thrikkakara is directed to thereafter complete the investigation in Crime No. 639/2010 as originally filed and file a final report before the J.F.C.M Court-I, Aluva without any more delay. Dated this the 4th day of June, 2010. Sd/- V.RAMKUMAR, JUDGE /true copy/ P.S. to Judge dmb/ani