IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 Crl.MC.No. 5096 of 2010(F) ------------------------------------- [CMP.NO.5411/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT -I, CHANGANACHERRY] .................... PETITIONER/PETITIONER: -------------------------------------- T.K.ROY,AGED 39 YEARS, S/O.KORA ITTY,CHENACKAL VEEDU, NEERIKKADU KARA, AYARKUNNAM VILLAGE. BY ADV. SRI.T.M.RAMAN KARTHA. RESPONDENTS/RESPONDENT & STATE: ----------------------------------------------------------- 1. SOY P.ITTY, S/O.ITTY PATTARUKANDATHIL HOUSE, KURAMBANATTAM KARA, MADAPPALLY VILLAGE-686 546. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.5096 of 2010 --------------------------------------- Dated this 27th day of January, 2011 ORDER Petitioner's sister Daisy, according to him died under suspicious circumstances while living with her husband, respondent No.1 at Usalapur, Ahammadabad District, Gujarat. The body of the deceased was brought to the house of respondent No.1 on 23.07.2009. Petitioner preferred a complaint to the Thrikkodithanam police feeling suspicious about the cause of death. The police registered Crime No.249 of 2009. Postmortem examination revealed that the deceased had sustained severe injuries. Petitioner filed C.M.P.No.5411 of 2009 before the learned Judicial First Class Magistrate-I, Changanacherry for further investigation under Sec.173(8) of the Code of Criminal Procedure (for short, "the Code”). That application was dismissed by Annexure-A4, order for the reason that since the incident occurred within the state of Gujarat and the police submitted records of the case to the Superintendent of Police, Kottayam for its transfer to the State of Gujarat, the court below had not jurisdiction in the matter. Learned counsel contended that part of the offence had taken up within the limits of Crl.M.C.No.5096 of 2010 -: 2 :- Thrikkodithanam police and if that be so, the learned Magistrate is authorised to pass orders under Sec.173(8) of the Code. 2. I have heard learned Public Prosecutor also. Learned Public Prosecutor after getting instructions in the matter has submitted that the entire case records including the postmortem report has been forwarded to the Director General of Police, Gujarat for necessary action. 3. In the light of the above and as it is alleged that death occurred within the State of Gujarat and Thrikkodithanam police is not investigating the case now, it is not necessary for the learned Judicial First Class Magistrate-I, Changanacherry to pass orders in the matter of investigation. Hence petitioner has to approach the appropriate court in the State of Gujarat seeking appropriate reliefs. With the above observation this criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-