Dismissing a criminal miscellaneous petition challenging the jurisdiction of a Chief Judicial Magistrate and police station to investigate an offence committed abroad where the accused was deported.
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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
CC 168/2010 OF CHIEFJUDICIAL MAGISTRATE COURT,THIRUVANANTHAPURAM. CRIME NO. 351/2006 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM.
PETITIONER/ACCUSED:
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:
1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
2. THE PORT REGISTRATION OFFICER, OFFICE OF THE PORT REGISTRATION OFFICER,
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
APPENDIX
PETITIONER(S)' ANNEXURES:
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.
Crl.M.C. No. 1319 of 2015
............................................................... 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.
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.
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
R.Balu Swamy
The State of Kerala
The Port Registration Officer
B.Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
