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. 2340 of 2008() ------------------------------------ CC.1169/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ERNAKULAM CRIME NO.394/2008 OF PALARIVATTOM POLICE STATION. .................... PETITIONER(S): ACCUSED 1 & 2 ---------------------------------------------- 1. REYNOLD , S/O.GEORGE 35 YEARS, NELIPARAMBIL HOUSE, MANJUMMEL ELOOR, ERNAKULAM 2. RANI, W/O.REYNOD 27 YEARS NELLIPARAMBIL HOUSE, MANJUMMEL ELOOR, ERNAKULAM BY ADV. SRI.K.P.MADHU SRI.P.JIMMY JOHN RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.2340/2008 APPENDIX PETITIONER'S ANNEXURES A1:- CERTIFIED COPY OF THE FIR. DTD. 14.4.2008 IN CRIME NO.394/2008 OF PALARIVATTOM POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ERNAKULAM. A2:- COPY OF THE FINAL REPORT DTD. 22.4.2008 IN CRIME. NO.394/2008 OF PALARIVATTOM POLICE STATION FILED BY THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION AND CC. NO.1169/2008 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ERNAKULAM. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2340 of 2008 - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2011. O R D E R Petitioners are accused Nos. 1 and 2 in Crime No. 394 of 2008 of Palarivattom Police Station registered for offences punishable under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956 and now pending as C.C. No. 1169 of 2008 before the Judicial First Class Magistrate-I, Ernakulam. 2. The case of the petitioners 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 Sub Inspector of Police has detected the case, the Circle Inspector of Police has investigated the matter and has filed the charge sheet. The learned counsel for the petitioners 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- Crl.M.C. No. 2340/2008 2 compliance of procedure vitiates trial. 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 petitioners in C.C. No. 1169 of 2008 pending before the Judicial First Class Magistrate-I, Ernakulam arising out of Crime No. 394 of 2008 are quashed. sd/- B.P. RAY, JUDGE. rv