LAWS(KER)-2005-1-38

RAHMAN QAMARUDHEEN Vs. STATE OF KERALA

Decided On January 04, 2005
RAHMAN QAMARUDHEEN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE Revision Petitioner is an Indian citizen. He is alleged to have committed an offence in a foreign country. A complaint was lodged against him before one of the police stations in Kerala, alleging offence under S. 409 of Indian Penal Code ('ipc' for short ). A crime was registered at such police station, based on such complaint. According to petitioner, the crime can be registered only at the police station within the limits of which, accused is residing, in view of S. 188 of Code of Criminal Procedure (`the Code', for short ). Hence, petitioner seeks to quash entire proceedings initiated against him before the Magistrate's Court, as it is illegal.

(2.) IN the light of the contentions raised in this petition, the following questions arise for consideration:

(3.) THE relevant facts necessary for disposal of this petition are as follows: A complaint was filed before Thrissur police station by a person who is styled as Chairman of a company at Kuwait. As per the allegations in the complaint, while revision petitioner was working as 'teller' in that company from December 2000 onwards, he was entrusted with money in connection with day-to-day affairs. But, he allegedly misappropriated huge amount of money and committed offence tinder S. 409 IPC. He thereafter, left Kuwait under some false pretext, after causing huge loss of money to the company. Based on the complaint a crime was registered at Thrissur West Police Station, under S. 409 IPC.