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. 2426 of 2008() -------------------------------- CC.49/2008 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM CRIME NO.227/2006 OF KOTTAKKAL POLICE STATION. .................... PETITIONER(S): ACCUSED --------------------------------------- UMAIBAKUTTY @ MALU, W/O.HASSAN, KOARAMPATTIL HOUSE, VALIYAPADAM, TANUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION-THROUGH THE PUBLIC PROSECUOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.2426/2008 APPENDIX PETITIONER'S ANNEXURES A:- COPY OF THE F.I.R. IN CRIME NO.227/2006 OF THE KOTTAKKAL POLICE STATION DTD. 26.6.2006. B:- COPY OF THE CHARGE IN CRIME NO.227/2006 OF THE KOTTAKKAL POLICE STATION. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2426 of 2008 - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2011. O R D E R The petitioner is the 2nd accused in Crime No. 227 of 2006 registered for offences punishable under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 and now pending as C.C. No. 49 of 2008 before the Judicial First Class Magistrate, Malappuram. 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 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 Crl.M.C. No. 2426/2008 2 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 C.C. No. 49 of 2008 pending before the Judicial First Class Magistrate, Malappuram arising out of Crime No. 227 of 2006 are quashed. sd/- B.P. RAY, JUDGE. rv