MUHAMMED SAJEED K Vs. STATE OF KERALA

JUDGEMENT

(1.) The question that arises in this case relates to the jurisdiction of the Kerala Police to conduct investigation against petitioner, an Indian citizen, in respect of some offences alleged to have been committed by him in the United Arab Emirates. That question arises in the context of S.4 of the Indian Penal Code and Ss.4 and 188 of the Code of Criminal Procedure.

(2.) Petition alleges that petitioner was employed in Fursan Travel and Tourism, Riyad, U.A.E., since September, 1993. The job was on a contract basis for a period of one year and extended by three months. After that period the contract was not renewed and the employment was terminated. Petitioner had to return to this country in December, 1994. A complaint was presented before the Deputy Inspector General of Police, Kottayam by one Mohamed Haneefa alleging that petitioner had misappropriated 10777 Riyals (Rs.8,41,488/-) and Mohammed Haneefa had to pay the amount to the employer of petitioner since petitioner was employed there on the recommendation of Mohammed Haneefa. It was also alleged that two other persons had misappropriated other amounts. On the basis of that complaint, a copy of which is Annexure-I, the Sub Inspector of Police, Mundakayam registered Crime No.72 of 1995 under S.408, 420 and 34 IPC and the first information report was lodged before J.F.C.M.-I, Kanjirappally. A copy of the FIR is Annexure-II. Petitioner seeks quashing of Annexures I and II on the ground that the Kerala Police has no jurisdiction to investigate into the crime committed in a foreign country and the averments in the complaint do not disclose any offence.

(3.) Heard counsel for petitioner and Director General of Prosecutions.