IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 Crl.MC.No. 4401 of 2010 ---------------------------------- [CRIME NO.469/2010 OF PAYYOLI POLICE STATION, KOZHIKODE DISTRICT] ............. PETITIONERS/ACCUSED NOS.1 TO 4: ------------------------------------------------------ 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. 4. MINI P., D/O. LATE KUMARAN, AGED 33 YEARS, PUNCHAKKARA HOUSE, P.O.KANKOLE, KANKOLE AMSOM, ALAKKODE DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN. RESPONDENTS/COMPLAINANTS: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NEETHU O.K., D/O. SULOCHANA, AGED 23 YEARS, OTTUKALATHIL HOUSE, P.O.IRINGAL, KOYILANDY TALUK, KOZHIKODE DISTRICT. PIN – 673 521. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------- Crl.M.C. No. 4401 of 2010 ------------------------------------- Dated this the 3rd day of November, 2010. ORDER Petitioners are accused in Crime No.469/2010 of Payyoli Police Station registered for offences punishable under Sections 498A, 406 and 354 read with Section 34 IPC. Petition is filed under Section 482 of Code of Criminal Procedure to quash the F.I.R. and further proceedings. It is contended that in Annexure-1 complaint filed before Judicial Magistrate of the First Class, Payyoli and sent for investigation under Section 156(3) of Code of Criminal Procedure, based on which, Annexure-2 F.I.R. was registered, entire offences were allegedly committed within the jurisdiction of the Judicial First Class Magistrate, Payyannur and not Payyoli and therefore, the case registered at Payyoli Police Station is to be quashed and Payyoli Police has no jurisdiction to investigate the case. 2. Learned counsel appearing for the petitioners was heard. The argument of the learned counsel that as per Annexure 1 complaint, offences were committed at Payyannur and therefore, Payyoli police has no jurisdiction to investigate the case. Crl.M.C. No. 4401 of 2010 2 3. Annexure-1 complaint shows that though major part of the offences were committed at Payyannur, a part of the offence was committed within the jurisdiction of Payyoli Police Station. In such circumstances, the case cannot be quashed as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE ln