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. 2289 of 2008() ------------------------- STC.229/2005 of CHIEF JUDITIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER/ACCUSED: --------------------------------- N.HAMEED, AGED 49 YEARS, S/O.ABDULLA, BUSINESS, NADUVILERI HOUSE PO.MELADY, PAYYOLI BY ADV. SMT.K.V.RESHMI RESPONDENTS/STATE & CMPLAINANT -------------------------------------------------------- 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HGIH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, CHAKKARAKKAL POLICE STATION, KANNUR BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2289 of 2008() ------------------------------------ APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE 1. COPY OF THE FIR IN CRIME NO.255/04 REGISTERED BY THE 1ST RESPONDENT. ANNEXURE 2. COPY OF THE FINAL REPRT SUBMITTED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY IN STC NO.229/2005. ANNEXURE 3. COPY OF THE 161 STATEMENTS GIVEN BY THE DY. S.P.KANNUR. /TRUE COPY / P.A. TO JUDGE VK B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2289 of 2008 - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2011. O R D E R The petitioner is the 1st accused in Crime No. 255 of 2004 of Chakkarakkal Police Station, Kannur registered for offences punishable under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 and now pending as S.T.C. No. 229 of 2005 before the Chief Judicial Magistrate, Thalassery. 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. Crl.M.C. No. 2289/2008 -:2:- The learned Public 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 S.T.C. No. 229 of 2005 pending before the Chief Judicial Magistrate, Thalassery arising out of Crime No. 255 of 2004 are quashed. sd/- B.P. RAY, JUDGE. rv