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. 3227 of 2008() ------------------------- ( CRIME NO.226/2008 OF THIRUVALLA POLICE STATION) ------- PETITIONER/ ACCUSED NO.3 ---------------------------------------- ABHILASH, AGED 25, S/O. BABY, NAKATHULA COLONY, KADAPRA, KOIPURAM VILLAGE, KOZENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.P.GOPAKUMARAN NAIR SRI.AJITH MURALI RESPONDENT/RESPONDENT ----------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3227 of 2008() ------------------------------------ APPENDIX --------------- PETITIONER'S ANNEXURE ------------------------------------- ANNEXURE-1. CERTIFIED COPY OF THE F.I.R IN CRIME NO.226/2008 OF THIRUVELLA POLICE STATION. RESPONDENT'S ANNEXURE : NIL ------------------------------------------ / TRUE COPY / P.A. TO JUDGE VK B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 3227 of 2008 - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2011. O R D E R The petitioner is the 3rd accused in Crime No. 226 of 2008 of Thiruvalla Police Station registered for offences punishable under Sections 3, 4, 5 and 6 of Suppression of Immoral Traffic Act . 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 even though the Dy.S.P has detected the case, the Sub Inspector 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 Prosecutor on instructions submitted that the Crl.M.C. No. 3227/2008 2 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 Crime No. 226 of 2008 are quashed. sd/- B.P. RAY, JUDGE. rv