Kerala High Court
Viny T.Antony vs State Of Kerala on 22 February, 2011
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 368 of 2011()
1. VINY T.ANTONY, AGED 29 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :22/02/2011
O R D E R
THOMAS P JOSEPH, J.
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Crl.M.C.No.368 of 2011
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Dated this 22nd day of February, 2011
ORDER
Petitioner is the de facto complainant in Crime No.570 of 2010 of Chengamanad Police Station. Petitioner preferred a complaint before learned Judicial First Class Magistrate-I, Aluva alleging commission of offences punishable under Secs.498A and 406 of the Penal Code. Learned Magistrate forwarded that complaint to the Chengamanad police for investigation under Sec.156(3) of the Code of Criminal Procedure (for short, "the Code"). Police submitted Annexure-III, report before the learned Magistrate, Aluva stating that since the place of occurrence is within the local limits of Pala Police Station, FIR is being transferred to the learned Judicial First Class Magistrate, Pala and that case file is being sent to the Pala police. Annexure-III, report is under challenge. Learned counsel, placing reliance on the decisions in Rasiklal Dalpatram Thakker Vs. State of Gujarat and Ors. (2010(1) SCC 1) and Bency Vs. Preceline George(2010(2) KLT 993) has contended that learned Magistrate could not have transferred the FIR to the learned Judicial First Class Magistrate, Pala nor could Chengamanad Crl.M.C.No.368 of 2011 -: 2 :- police submit a report like Annexure-III without conducting investigation. It is also submitted that there are sufficient indications in the complaint itself that part of the cause of action has arisen within the local limits of the jurisdiction of learned Judicial First Class Magistrate-I, Aluva. Learned counsel has invited my attention to paragraphs 15 and 32 of Annexure-1, complaint. I have heard learned Public Prosecutor also.
2. It is seen that it is without conducting investigation that the S.H.O, Chengamanad Police Station has submitted Annexure-III, report stating that the place of occurrence is within the local limits of Pala Police Station. The decisions referred to above say that the police has no right to give such report and that when there is an order under Sec.156(3) of the Code, the police has to investigate and submit final report. According to the learned counsel, after submission of final report if the Court finds that the place of occurrence is wholly within the local limits of the jurisdiction of learned Judicial First Class Magistrate, Pala it is for the learned Judicial First Class Magistrate-I, Aluva to return the final report to be submitted before the appropriate court. Learned Public Prosecutor submitted that the Pala police has already started investigation of the case re-registering the case Crl.M.C.No.368 of 2011 -: 3 :- as Crime No.31 of 2010.
3. I called for report from the learned Judicial First Class Magistrate-I, Aluva whether FIR in Crime No.570 of 2010 has already been transferred to the Court of learned Judicial First Class Magistrate, Pala pursuant to Annexure-III, report. The Registrar (Judicial) in his report dated 17.02.2011 has stated that until then the FIR had not been transferred and the same is proposed to be sent to the learned Judicial First Class Magistrate, Pala that day.
4. In the light of the decisions referred to above, neither Annexure-III, report nor transfer of FIR to the Court of learned Judicial First Class Magistrate, Pala could be sustained. As aforesaid the Chengamanad police has to investigate the case and submit final report as provided under law before learned Judicial First Class Magistrate-I, Aluva and if the materials reveal that cause of action has arisen solely within the local limits of another Court then it is for the learned Judicial First Class Magistrate-I, Aluva to return the final report for representing the same before the appropriate Court as stated in the decisions referred supra.
Crl.M.C.No.368 of 2011 -: 4 :-
Resultantly this criminal miscellaneous case is allowed. Annexure-III, report is set aside. S.H.O, Chengamanad shall investigate the case and submit final report as provided under law. Chengamanad police shall get back the case file from the Pala police and conduct investigation. If FIR in Crime No.570 of 2010 has already been transmitted to the Court of learned Judicial First Class Magistrate, Pala, learned Judicial First Class Magistrate-I, Aluva shall in the light of this order get back the FIR as provided under law in the light of the decisions referred supra.
(THOMAS P JOSEPH, JUDGE) Sbna/-