IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 Crl.MC.No. 4851 of 2008() ---------------------------------------- CMP.3205/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM. ................................ (CRIME NO.1478/2008 OF KOTHAMANGALAM POLICE STATION) PETITIONER(S): DEFACTO COMPLAINANT: ---------------------------------------------------------------- RAMLA BEEVI V.S., D/O. SEETHI, VARAPPOTH HOUSE, CHELAKULAM KARA, PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK, NOW RESIDING AT KOORUR KARA, KOTHAMANGALAM VILLAGE. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== Crl.M.C. NO. 4851 OF 2008 =========================== Dated this the 15th day of December,2008 ORDER This petition is filed under section 482 of the Code of Criminal Procedure to quash the direction in the order passed by Judicial First Class Magistrate Court, Kothamangalam directing police not to arrest the accused without prior sanction of the court, eventhough complaint was forwarded to the Station House Officer, Kothamangalam under section 156(3) of Code of Criminal Procedure. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel pointed out that learned Magistrate did not apply his mind and a reading of the order shows that learned Magistrate did not follow the difference between a petitioner and a complainant or a petition and a complaint. It was argued that when there was a direction for CRMC 4851/2008 2 investigation, the power of the police to arrest an accused if warranted cannot be restricted and so that portion of the order is to be set aside. There is force in the submission. 4. The order passed by the learned Magistrate on 17.11.2008 is an order passed at pre-cognizance stage. Learned Magistrate did not take cognizance of the complaint. Instead he directed the police to register the case and investigate as provided under section 156(3) of the Code of Criminal Procedure. When learned Magistrate directed investigation under section 156(3) of Code of Criminal Procedure, there is no justification for restricting the power of the police for proper investigation. It is for the police to decide whether an arrest is to be made or not. The portion of the order passed by the Magistrate dated 17.11.2008, directing not to arrest the accused without prior sanction of the Magistrate is quashed. Crl.M.C is disposed accordingly. SASIDHARAN NAMBIAR JUDGE tpl/- CRMC 4851/2008 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006