IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 997 of 2010()
1. DAFINI CLEATUS, W/O.JOHN JACOB,
... Petitioner
Vs
1. JOHN JACOB, S/O.JACOB,
... Respondent
2. C.J.JACOB, S/O.JOHN,
3. OMANA JACOB, W/O.C.J.JACOB,
4. STATE OF KERALA,
For Petitioner :SRI.GOPAKUMAR R.THALIYAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :21/05/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C. No.997 of 2010
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Dated this the 21st day of May, 2010
ORDER
Petitioner, who is the wife of the first respondent
herein filed Annexure A1 complaint before the Chief
Judicial Magistraate, Thiruvananthapuram against the
first respondent and his parents alleging offences
punishable under sections 498A, 506(1) and read with 34
of the Indian Penal Code. According to the petitioner, the
acts of matrimonial cruelty were committed at
Thiruvananthapuram and at Kollam. The learned
Magistrate forwarded Annexure 1 complaint to the
Museum Police, Thiruvananthapuram under section 156
(3) of the Cr.P.C. The grievance of the petitioner is that
the Museum police instead of conducting investigation
into the alleged offences, had forwarded Annexure 1
complaint to the Kollam East Police Station. Both the
Museum Police as well as Kollam East Police have
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registered separate cases as Crime No.20/2010 and
Crime No.95/10 respectively. The petitioner would
content that when the offences were committed within
the local limits of two police stations, by virtue of the
decision in Mathew v. Reena Paul, 1998 (1) KLT 594,
the matter can be investigated by any one of the police
station and the Museum police having registered a crime
was bound to conduct an investigation and file a final
report before the Chief Judicial Magistrate,
Thiruvananthapuram.
2. The learned Public Prosecutor would submit
that, since the complainant alleges cruelty on the part of
the accused in the matrimonial home of the petitioner at
Kollam, the Museum police was justified in transferring
the case to the Kollam East Police Station.
3. The learned Chief Judicial Magistrate shall
consider the matter in the light of 1998 (1) KLT 594 and
take decision as to whether it was within the territorial
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limit of the Museum police to register the crime and
conduct an investigation without forwarding the
complaint to the Kollam East police station and if the
Chief Judicial Magistrate comes to the conclusion that the
Museum police had jurisdiction to conduct investigation,
he shall order accordingly . This Criminal M.C is
disposed of as above.
V.RAMKUMAR, JUDGE
dmb
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