IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 Crl.MC.No. 1272 of 2011() ----------------------- CRIME NO. 513/2008 OF FORT POLICE STATION .............. PETITIONER / COMPLAINANT : ---------------------------------------------- R.SAJAN DAS, S/O.S.RAMADAS, RESIDING AT T.C.40/812, "THRIKKARTHIKA", SREEVARAHAM, THIRUVANANTHAPURAM. BY ADVS. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENTS / STATE / POLICE OFFICERS AND COUNTER PETITIONERS : ------------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM-682031. 2. THE ASSISTANT COMMISSIONER OF POLICE, FORT SUB DIVISION, THIRUVANANTHAPURAM CITY POLICE DISTRICT, FORT POLICE STATION COMPOUND, THIRUVANANTHAPURAM-695001. 3. THE SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM-695001. 4. THE HEAD CONSTABLE, FORT POLICE STATION, THIRUVANANTHAPURAM-695001. 5. P.JAYARAJ, RESIDING WITH IN THE LIMITS OF CHERPPU POLICE STATION AT POZHATHUVEEDU, POOCHENIPPADAM, OORAKAM P.O., THRISSUR DISTRICT-676519. 6. K.SUPRIYA , RESIDING AT DO. DO. ...2/- Crl.MC.No. 1272 of 2011() -2- 7. KRISHNAKUMAR R.S., S/O.RAMAKUMAR, RESIDING WITH IN THE LIMITS OF KAZHAKKOOTTAM POLICE STATION AT SREEKRISHNA BHAVAN, NEAR MISSION HOSPITAL, VADAKKUMBHAGOM, KAZHAKKOOTTAM, THIRUVANANTHAPURAM DISTRICT-695582. 8. NANDAKUMAR, S/O.VELAYUDHAN PILLAI, RESIDING AT TC-17/851, MALOOS, CHITHRA NAGAR, POOJAPPURA, THIRUVANANTHAPURAM-695012. 9. S.RADHAKRISHNAN NAIR, S/O.SUKUMARAN NAIR, RESIDING WITH IN THE LIMITS OF FORT POLICE STATION AT ERAMATHU VEEDU, SREEVARAHAM, THIRUVANANTHAPURAM-695001. 10. D.VIJAYAKUMAR, S/O.A.DIVAKARAN NAIR, PROPRIETOR, VARAHAM ENGINEERING WORKS, SITUATED WITH IN THE LIMITS OF FORT POLICE STATION AT T.C.-40/8054, KUZHIVEEDU, SREEVARAHAM, THIRUVANANTHAPURAM-695001 11. SUNNY, THOPPUMUDUKKU, SREEVARAHAM, THIRUVANANTHAPURAM-695001. 12. JAYAN CHANTHAVILA, SREEKRISHNA BHAVAN, NEAR MISSION HOSPITAL, VADAKKUMBHAGOM, KAZHAKKOOTTAM, THIRUVANANTHAPURAM DISTRICT-695582. 13. S.RAMA BHADRAN, S/O.SADASIVAN NAIR, KILIKKODE, SREEVARAHAM, THIRUVANANTHAPURAM-695001. 14. B.SARATH CHANDRAN @ MONI, S/O.BALAN, MULLASSERI VEEDU, SREEVARAHAM, THIRUVANANTHAPURAM-695001. R1 TO R4 BY PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1272 of 2011 ==================================== Dated this the 13th day of June, 2011 O R D E R Order dated September 13, 2010 of the court of learned Judicial First Class Magistrate-II, Thiruvananthapuram on Crl. M.P. Nos.2328 and 2470 of 2009 in Crime No.513 of 2009 of Fort Police Station, Thiruvananthapuram to the extent it concerned cost ordered to be paid by the petitioner is under challenge in this petition. According to the petitioner, respondents 5 to 14 allegedly trespassed into the house of petitioner and removed certain articles. He preferred a complaint to the Station House Officer of Fort Police Station. Alleging that no action was taken in the matter, petitioner filed a complaint to the learned Magistrate which was forwarded the Station House Officer under Section 156(3) of the Code of Criminal Procedure (for short, “the Code”). Police registered Crime No.513 of 2008 for offences punishable under Sections 454 and 380 read with Section 34 of the Indian Penal Code. That ended in a refer report. Petitioner preferred a protest complaint. In the protest complaint petitioner filed the aforesaid petitions to direct the Station House Officer to search the articles taken from his house alleging that respondents 5 to 14 are trying CRL.M.C. No. 1272 of 2011 -: 2 :- to dispose of the same and to seize the articles from respondents 5 to 7 and 9 and 10. Learned Magistrate passed interim order on 24.09.2009 for search, seizure, etc. Search was conducted by the Assistant Commissioner who submitted report that search could not be completed and seeking further direction to complete the search. Thereafter the Sub Inspector filed a report stating that the search could not be completed since petitioner did not co-operate in spite of direction. Thereon learned Magistrate passed the impugned order directing petitioner to pay Rs.2,000/- each to the Assistant Commissioner, Sub Inspector and Head Constable who were on duty for the search on 13.11.2009. Learned counsel submitted that none of the provisions in the Code enabled the court to pass such an order directing payment of costs to the police Officials for investigating the case. I have heard learned Public Prosecutor also. 2. According to the petitioner he did not receive any notice from the police Officials requiring him to co-operate with the search. It is also pointed out by the learned counsel that even otherwise presence of petitioner with police Officials was not required and it was their duty to conduct the search. 3. I was not shown any provision of law which enabled learned Magistrate to award costs to police Officials who were engaged in their official duty though as per direction of the court, CRL.M.C. No. 1272 of 2011 -: 3 :- for the reason that petitioner did not co-operate with them. Having regard to the facts and circumstances I am not inclined to think that police Officers should have been awarded costs for discharge of their official duty even if it is assumed that petitioner did not co-operate with them. Resultantly, Criminal Miscellaneous Case is allowed. Order dated September 13, 2010 of the court of learned Judicial First Class Magistrate-II, Thiruvananthapuram on Crl. M.P. Nos.2328 and 2470 of 2009 in Crime No.513 of 2009 of Fort Police Station, Thiruvananthapuram to the extent it directed petitioner to pay costs of Rs.2,000/- each to the police Officers is quashed. THOMAS P. JOSEPH, JUDGE. vsv