MRS. RESHMI ANILKUMAR AND ANILKUMAR VIJAYAPPAN Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,

JUDGEMENT

(1.) The petitioners are accused in C.C. No. 113/13 on the files of Chief Judicial Magistrate Court, Ernakulam. The offences alleged are punishable under Sections 120(B), 409 and 420 r/w 34 of IPC. The Crl. M.C. is filed seeking to quash Annexure-A3 charge sheet and all further proceedings in C.C. No. 113/2013 on the files of the Chief Judicial Magistrate Court, Ernakulam. I have gone through the materials produced by the petitioner. It is contended by the learned counsel for the petitioner that Annexure-A3 charge sheet is vitiated by lack of jurisdiction to inquire/investigate into the complaint and consequently to try the offences charged against the petitioners. Placing reliance on Section 156(1) and 156(3), the counsel submits that the Sections makes clear that "the Police Officer in charge of a police station may, without the order of the Magistrate, can investigate a cognizable offence, provided the court has jurisdiction to inquire into or try under the provisions of Chapter XIII". It is contended that Section 177 of the Code of Criminal Procedure which shows that "every offence shall ordinarily may inquired into and tried by a court within the jurisdiction where the offence is committed" and that in the present case the materials would show that the alleged offence took place when after accepting money, the petitioners declined to accept the son of the third respondent, a partner to the business. It is submitted that the aforesaid aspects happened outside the jurisdiction of the Chief Judicial Magistrate Court, Ernakulam and the Kadavanthra Police Station. It is also contended that sub-section 4 of Section 181 indicates that an inquiry or trial of an offence of misappropriation or criminal breach of trust can be conducted by a court within whose jurisdiction the offence had been committed or any part of the property forming the subject matter of the offence is received, retained or was required to be returned or accounted for by the accused persons. The counsel contends that in case on hand none of the ingredients mentioned in sub-section (4) has taken place within the jurisdictional crime is of Chief Judicial Magistrate, Ernakulam and therefore Kadavanthra Police have no jurisdiction to conduct investigation.

(2.) The final report has been submitted by the Police after investigation. In the facts and circumstances of the case, I am not inclined at this stage to consider the contentions of the petitioners. The petitioners are at liberty to file petition for discharge in that event the Chief Judicial Magistrate Court, Ernakulam can consider all the materials produced by the petitioners in support of his contentions.