Accused sought transfer of investigation of Crime No.64/2014 to another police station under Section 482 Cr.P.C. The court held the prayer not maintainable, observed the final report may already have been filed leaving the petitioner free to challenge it, and disposed of the case.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
CRL.MC NO. 1302 OF 2015
CRIME NO.64/2014 OF Vellarikundu Police Station, Kasargod
AGAINST THE ORDER IN CMP NO.807 OF 2014 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, HOSDRUG
PETITIONER/ACCUSED:
C.M.ABDULRAZAK, AGED 55 YEARS, S/O.ABDULRAHIMAN,
KAMMADATH HOUSE, PEROL VILLAGE, NILESHWAR,
KASARAGOD DISTRICT
BY ADVS.
SRI.P.SREEKUMAR
SRI.K.ARJUN VENUGOPAL
SMT.V.A.HARITHA
SRI.JEEVAN RAJEEV
SMT.MARY RESHMA GEORGE
SMT.P.M.MAZNA MANSOOR
SMT.SANDHYA R.NAIR
RESPONDENTS :
1STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
KOCHI - 682 031.
2 C.H.SUBAIR, S/O.K.P.ABDUL RAHMAN, KAMMADATH HOUSE, PARPPA P.O., PARAPPA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT - 671 533.3 STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001.4 STATION HOUSE OFFICER VELLARIKUNDU POLICE STATION, KASARAGOD - 671 533.5 STATION HOUSE OFFICER NILESHWAR POLICE STATION, KASARAGOD - 671 314.OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.1302/2015
2
P. V. KUNHIKRISHNAN, J.
Crl.M.C.No.1302 of 2015
Dated this the 17th day of July, 2024
ORDER
This Criminal Miscellaneous Case is filed with the following
prayers:
a) Allow this Criminal Miscellaneous Case and transfer the investigation of Crime No.64/2014 of Vellarikundu Police Station to Nileshwar Police Station, and
b) Such other reliefs as deem fit and necessary in the facts and circumstances of this case.
‘The learned counsel for the petitioner seeks time to file statement. The petitioner address the court report how the prayer can be granted under Section 482 Cr.P.C transfer it for the another police station.’
3. I am also of the opinion that the prayers in this Criminal
Miscellaneous Case is not maintainable under Section 482 Cr.P.C.
Crl.M.C.1302/2015
3
Probably, the prayers in this case might have been infructuous because final report in the case might have been already submitted before the Court concerned. If the petitioner is aggrieved by the final report, he is free to challenge the same.
With the above observation, this Criminal Miscellaneous Case is disposed of.
Sd/-
P. V. KUNHIKRISHNAN JUDGE
Sbna/17.07.24
Crl.M.C.1302/2015
4
APPENDIX OF CRL.MC 1302/2015
PETITIONER EXHIBITS
A1: CERTIFIED COPY OF FIR NO.64/2014 OF VELLARIKUNDU POLICE
STATION, KASARAGOD, PENDING BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT II, HOSDURG
A2: TRUE COPY OF C.M.P NO.807/2014 FILED BY THE PETITIONER
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG
A3: TRUE COPY OF FIR WITH CMP NO.12/14 OF VELLARIKUNDU POLICE
STATION, KASARAGOD
A4: TRUE COPY OF FIR NO.559/13 OF VELLARIKUNDU POLICE
STATION, KASARAGOD
1 issue framed by the court
Whether a prayer to transfer investigation of a crime from one police station to another is maintainable under Section 482 Cr.P.C.
1 provisions across 1 enactments
C.M.Abdulrazak
State of Kerala
C.H.Subair
State Police Chief
Station House Officer Vellarikundu Police Station
Station House Officer Nileshwar Police Station
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court