IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Crl.MC.No. 3518 of 2011(D) -------------------------------------- [CRIME NO.945/2011 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM DISTRICT] ......... PETITIONER/DEFACTO COMPLAINANT: --------------------------------------------------------- DIVAKARAN, AGED 64 YEARS, S/O.SANKU, PERUMBUZHAVILLA VEED, KANDACHIRA, PERINADU.P.O., KOLLAM DISTRICT. BY ADVS. SRI.C.RAJENDRAN, SMT.R.S.SREEVIDYA. RESPONDENTS/STATE AND ACCUSED: --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION. 3. THE SUB INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION. 4. SARASU, W/O.RAGHAVAN, MADATHYKUDY HOUSE, MEKKAPALA, ARUVIPARA.P.O., ERNAKULAM DISTRICT. 5. REVATHY, D/O. SARASU, MADATHYKUDY HOUSE, MEKKAPALA, ARUVIPARA.P.O., ERNAKULAM DISTRICT. 6. RAJESH, RELATIVE OF 4TH AND 5TH RESPONDENTS. R1 TO R3 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3518/2011-D: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1: TRUE PHOTOCOPY OF THE PRIVATE COMPLAINT. ANNEXURE A2: TRUE PHOTOCOPY OF THE FIR IN CRIME NO.165/2011 OF THE KILIKOLLOOR POLICE SATION. ANNEXURE A3: TRUE PHOTOCOPY OF THE REFER NOTICE ISSUED BY THE 3RD RESONDENT. ANNEXURE A4: THE CERTIFIED COPY OF THE FIR IN CRIME NO.945/2011 OF THE ERNAKULAM CENTRAL POLICE STATION. RESPONDENTS' ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3518 of 2011 ----------------------------------- Dated this the 2nd day of December 2011 O R D E R A complaint was filed by the complainant/petitioner before J.F.C.M.-I, Kollam against respondents 4 to 6 alleging commission of offences under Secs.406 and 506(ii) r/w 34 IPC. That complaint was forwarded by the learned Magistrate to Kilikolloor Police Station under Sec.156(3) Cr.P.C. The petitioner contends that thereafter without informing the complainant or the learned Magistrate, the S.I. of Police, Kilikolloor Police Station transferred the case to the Central Police Station, Ernakulam. The further grievance of the petitioner is that the investigating officer attached to the Central Police Station did not question the petitioner or other witnesses but simply sent a letter to the complainant informing him that the case was referred as false. The procedure followed by the S.I. of Police, Crl.M.C. No.3518 of 2011 -: 2 :- Kilikolloor Police Station, according to the learned counsel for the petitioner, is illegal. According to the learned counsel, as a matter of fact, the entire cause of action arose within the jurisdiction of Kilikolloor Police Station. If it was the other way around, that fact should have been reported by the S.I. of Police, Kilikolloor Police Station to J.F.C.M.-I, Kollam. The learned Magistrate on getting such a report and after intimating the complainant should have/could have forwarded the same to the Central Police Station. Here, the complainant was completely kept in dark without informing the factum of transferring the case to another police station, that too without the order of the court. 2. Learned Public Prosecutor would submit that in view of the circumstances mentioned earlier, the Central Police Station can be directed to send back the case file to Kilikolloor Police Station and if the S.I. of Police, Kilikolloor is of the view that he has no jurisdiction to investigate the matter, because no part of cause of action arose within the Crl.M.C. No.3518 of 2011 -: 3 :- jurisdiction of that police station, he is at liberty to report the same to J.F.C.M.-I, Kollam. The learned Magistrate will then go through the report and find whether Kilikolloor Police has got territorial jurisdiction over the matter. If not, the learned Magistrate is at liberty to pass appropriate orders. For that purpose the learned Magistrate need not be guided by the final report filed by the S.I. of Police, Central Police Station. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt