Kerala High Court
R.Balu Swamy vs The State Of Kerala
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937
Crl.MC.No. 1319 of 2015
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CC 168/2010 OF CHIEFJUDICIAL MAGISTRATE COURT,THIRUVANANTHAPURAM.
CRIME NO. 351/2006 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM.
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PETITIONER/ACCUSED:
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R.BALU SWAMY, AGED 45 YEARS,
S/O.RAJU, DOOR NO.163 (OLD NO.59 A),
VADAKKETHERUVA WARD, THITTAKKUDI VILLAGE,
PATTUKKOTTIAI TALUK, THANJOOR DISTRICT,
TAMIL NADU - 614 901.
BY ADVS.SRI.SASTHAMANGALAM S. AJITHKUMAR
SRI.V.S.THOSHIN
RESPONDENT(S)/COMPLAINANT:
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1. THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
THROUGH THE SUB INSPECTOR OF POLICE,
VALIYATHURA POLICE STATION,
THIRUVANANTHAPURAM - 695 001.
2. THE PORT REGISTRATION OFFICER,
OFFICE OF THE PORT REGISTRATION OFFICER,
TRIVANDRUM AIRPORT - 695 010.
BY PUBLIC PROSECUTOR SMT.P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 01-10-2015, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
Crl.MC.No. 1319 of 2015
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEXURE-A: THE TRUE COPY OF THE LETTER DATED 24.12.06 OF THE
PORT REGISTRATION OFFICER, TRIVANDRUM AIRPORT.
ANNEXURE-B: THE CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.168/2010 OF THE CHIEF JUDICIAL MAGISTRATE,
THIRUVANANTHAPURAM.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.S.TO JUDGE
mbr/
B. KEMAL PASHA, J.
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Crl.M.C. No. 1319 of 2015
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Dated this the 1st day of October, 2015
O R D E R
The petitioner is the sole accused in C.C.No.168/2010 of the Chief Judicial Magistrate's Court, Thiruvananthapuram, which has arisen from Crime No.351/2006 of the Valiyathura Police Station, Thiruvananthapuram.
2. According to the petitioner, the Sri Lankan Airport authorities traced out the fact that the petitioner, who is the Indian citizen, was present at the Colombo Airport, with a fake Indian passport and consequently he was deported. According to the petitioner, the Station House Officer, Valiyathura Police Station has no jurisdiction to proceed with the matter and consequently the Chief Judicial Magistrate's Court, Thiruvananthapuram has also no jurisdiction to entertain the matter, when the offence was committed at the Crl.M.C. 1319 of 2015 -: 2 :- Colombo Airport.
3. The petitioner has no case that he is not an Indian citizen. This is a case wherein an Indian citizen has allegedly committed an offence abroad. He was deported and he landed at Thiruvananthapuram. The Valiyathura Police Station, within the jurisdiction of which the petitioner has landed, has jurisdiction to investigate that offence. The court below has jurisdiction to entertain the matter. Matters being so, this Crl.M.C. is devoid of any merits and is only to be dismissed, and I do so.
Sd/- B.KEMAL PASHA, JUDGE ul/-
[True copy] P.S. to Judge