T P NANDAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Revision filed under Sec. 397 read with Sec. 401, Cr. P. C. the revision petitioner (T. P. Nandakumar) who is the first accused in C. C. 27 of 2006 on the file of the J. M. F. C.-V, Thiruvananthapuram challenges the order dated 16-7-2007 passed by the learned Magistrate rejecting the revision petitioner's application (C. M. P. 6887/06) for discharge under Section 239, Cr. P. C.

(2.) The revision petitioner is the Chief Editor of a bi-weekly called "Crime" published from Kozhikode. On 28-6-1999 Smt. Sobhana George who was then an opposition M. L. A., submitted a written complaint before Sri. E. K. Nayanar, the then Chief Minister of Kerala. The substance of the said complaint is as follows :

(3.) The above complaint was forwarded by the Chief Minister to the City Police Commissioner, Thiruvananthapuram who in turn, forwarded the same to the Circle Inspector of Police, Museum Police Station, Thiruvananthapuram with a direction to register a crime for offences punishable under Ss. 120-B, 511 of 384 and 511 of 420 read with S. 34, I.P.C. and to investigate the same. The museum police registered the case as Crime No. 144 of 1999 for the aforementioned offences on 30-6-1999 itself. During the course of the investigation, the Circle Inspector of Museum Police Station took an additional statement from Sobhana George to the effect that she was threatened by Nandakumar while she was in the M.L.A. Quarters, Thiruvananthapuram. Subsequently the Circle Inspector of Museum Police Station filed a charge-sheet before the Chief Judicial Magistrate, Thiruvanantha-puram on 16-11-2004 for offences punishable under Ss. 511 of 420, 385, 120-B and 509 read with S. 34, I.P.C. The case was thereafter made over to the J.F.C.M.V. Thiruvananthapuram, who took cognizance of the offences and registered the case as C.C. 27 of 2006. After receipt of summons the revision petitioner (Nandakumar) filed the above petition C.M.P. 887 of 2006 before the Magistrate for a discharge on the allegation that as per the averments in the written complaint of Sobhana George the Museum Police had no territorial jurisdiction to register the crime or investigate the same. The learned Magistrate dismissed the said petition by the impugned order holding inter alia that in the additional statement given by Sobhana George during investigation she had mentioned about two threatening calls made by the revision petitioner to her room in the M.L.A. quarters at Thiruvananthapuram and, since the M.L.A. Quarters was situated within the local limits of Museum Police Station, the Museum Police had jurisdiction to register the crime and investigate the case.