IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 Crl.MC.No. 478 of 2011() ------------------------ CRIME NO.469/2010 OF PAYYOLI POLICESTATION PETITIONER(S): ACCUSED NO.1 TO 3 -------------------------------- 1. MAHESH.P., S/O.LATE KUMARAN, AGED 27 YEARS, PUNCHAKKARA HOUSE, P.O.KANKOLE, KANKOLE AMSOM, ALAKKODE DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. NARAYANI, W/O.LATE KUMARAN,AGED 55 YEARS PUNCHAKKARA HOUSE, P.O.KANKOLE, KANKOLE AMSOM, ALAKKODE DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. MANESH, S/O.LATE KUMARAN,AGED 30 YEARS, PUNCHAKKARA HOUSE, P.O.KANKOLE, KANKOLE AMSOM, ALAKKODE DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PAYYOLI POLICE, PAYYOLI, KANNUR, PIN 670 001. 3. THE SUB INSPECTOR OF POLICE, PAYYANNUR POLICE STATION, PAYYANNUR, KANNUR, PIN 670 307. 4. NEETHU O.K., D/O.SULOCHANA, AGED 23 YEARS, OTTUKALATHIL HOUSE, P.O.IRINGAL, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN 673 001. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA FOR R1 TO R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.478 of 2011 -------------------------------------- Dated this the 23rd day of February, 2011. ORDER Petitioners are accused Nos.1 to 3 in Crime No.469 of 2010 of Payyoli Police Station for offences punishable under Sections 406, 498A and 354 read with Section 34 of the Indian Penal Code. Respondent No.4/defacto complainant filed Annexure-I, complaint before learned Judicial First Class Magistrate, Payyoli which was forwarded to the Payyoli Police for investigation under Section 156(3) of the Code of Criminal Procedure (for short, “the Code”). Contention of petitioners is that neither the Payyoli Police nor learned Judicial First Class Magistrate, Payyoli has got jurisdiction to entertain the complaint or conduct investigation since the alleged incident occurred at Payyannur within the local limits of the jurisdiction of learned Judicial First Class Magistrate, Payyannur. Prayer in this petition is to transfer investigation of the case to Payyannur Police. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned Public Prosecutor after getting instructions has submitted that the investigation is completed and final report has been filed before the learned Judicial First Class Magistrate-I, Payyoli. 2. The Supreme Court in Rasiklal Dalpatram Thakkar v. State of Gujarat and others ((2010) 1 SCC 1) and this Court in Bency v. Preceline George (2010 (2) KLT 993) has held that when a complaint is Crl.MC No.478/2011 2 forwarded to the Police for investigation under Section 156(3) of the Code, Police cannot refuse t to investigate and transfer the FIR to some other Police Station on the ground that the offence was committed beyond its territorial jurisdiction. The Police is bound to investigate and submit final report to the court which ordered investigation under Section 156(3) of the Code. It is for that court to consider whether on consideration of the final report and materials on record it has got jurisdiction to issue process to the accused and if not, return the final report to the Police to be presented before the court having jurisdiction. In view of the said decisions it is not necessary for this Court to go into the question whether learned Judicial First Class Magistrate, Payyoli and the Payyoli Police have jurisdiction in the matter and whether any part of cause of action has arisen within the local limits of that court. That is a matter which the learned Judicial First Class Magistrate, Payyoli has to consider and pass appropriate orders in the light of the decisions referred supra. Without prejudice to the right of petitioner to urge the contention before learned Judicial First Class Magistrate, Payyoli, this petition is dismissed. THOMAS P.JOSEPH, Judge. cks