IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Crl.MC.No. 2269 of 2010() ------------------------- PETITIONER: DEFACTO COMPLAINANT ---------------------------------- LATHA, CHANDANTHOPPIL VEEDU, THEKKUMBHAGAM, CHAVARA, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. RESPONDENTS: COMPLAINANTS & STATE ----------------------------------- 1. SUB INSPECTOR OF POLICE, CHAVARA THEKKUMBHAGAM POLICE STATION, KOLLAM,, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VALLIKKUNNAM POLICE STATION,ALAPPUZHA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. SURESHKUMAR, PALANNOOR VEEDU, KADUVANGAL MURI, VALLIKKUNNAM, ALAPPUZHA. 4. LEELAMMA -DO- -DO- 5. ANILKUMAR -DO- -DO- 6. SANKARANKUTTY -DO- -DO- PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2269 of 2010 -------------------------------------- Dated this the 28th day of June, 2010 ORDER The petitioner who is the complainant in C.M.P.No.283/2010 filed before the Judicial Magistrate of the First Class, Sasthamkotta seeks a re-transfer of the case from the Vallikunnam Police Station to Chavara Thekkumbhagam Police Station. In the compliant filed by the petitioner she alleged offences punishable under Sections 498A, 342, 307 read with Section 34 I.P.C. against her husband and in-laws. The learned Magistrate forwarded the complaint under Section 156(3) of Code of Criminal Procedure to the Chavara Thekkumbhagam Police which registered the case as Crime No.453/2010. Thereafter the Sub Inspector of Police is alleged to have transferred the case to the Vallikunnam Police for the reason that the accused persons are residing within the jurisdiction of the Vallikunnam Police Station. The Vallikunnam Police on receipt of the records has registered a case as Crime No.264/2010. 2. In the light of the decision of this Court in Benci Vs. Preceline George (2010(2)KLT 993) the Vallikunnam Crl.M.C.No.2269/2010 : 2 : Police will have to make a re-transfer of the records to the Chavara Thekkumbhagam Police which in turn will have to revive Crime No.453/2010 and conduct investigation in accordance with law and submit the report before Judicial Magistrate of the First Class, Sasthamkotta. V.RAMKUMAR, JUDGE skj