Usha v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 Crl.MC.No. 3094 of 2015 --------------------------- CRIME NO. 514/2015 OF PALARIVATTOM JANAMAITHRI POLICE STATION, ERNAKULAM.

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PETITIONER:

------------------- USHA, W/O ANIL KUMAR, AGED 42 YEARS, KURUVIKKATTU HOUSE, VALLAMKULAM P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.C.B.SREEKUMAR RESPONDENT:

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1. STATE OF KERALA, REPRESENTED BY COMMISSIONER OF POLICE, ERNAKULAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. THE STATION HOUSE OFFICER, PALARIVATTOM JANAMAITHRI POLICE STATION, ERNAKULAM - 682 011.

BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.3094 Of 2015 --------------------------------- Dated this the 9 th day of June, 2015.

O R D E R

The prayer in the above captioned Criminal Miscellaneous Case is as follows:

"...................to direct the respondents to expedite the procedures for handing over the case diary in Crime No.514 of 2015 of Palarivattom Police Station to the Eraniyil Police Station, Thakkala, within the jurisdiction of which the offence is actually committed and complete the same in a time bound manner, in the interest of justice."

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This Court by order dated 28.5.2015 requested the learned Public Prosecutor to get instructions from the 2nd respondent-Station House Officer, Palarivattom Janamaithri Police Station on the factual details relating to the prayer sought for in the Crl.M.C. Today, when the matter was taken up for consideration, the learned Public Prosecutor on instructions from the 2nd respondent has submitted that the District Police Chief, Kochi as per letter No.D1(a)-32509/2015/EC dated 1.6.2015 has requested the State Police Chief, Police Head Quarters, Thiruvananthapuram to take necessary steps to transfer the CD file in

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Crl.M.C.No.3094 Of 2015 Crime No.514/2015 of Palarivattom Police Station registered for offences under Secs.379 & 202 r/w 34 IPC, to Eraniyil Police Station, Nagercoil, Tamil Nadu for further investigation. It is also submitted by the learned Public Prosecutor on instructions from the 2nd respondent that the place of occurrence falls within another state (Tamil Nadu) and the CD file pertaining to this crime has to be transferred to the police authorities concerned in the State of Tamil Nadu through the State Police Chief of Kerala Police authorities. The above said submissions made on behalf of the official respondents are recorded and it is directed that the State Police Chief, Police Head Quarters, Thiruvananthapuram will take expeditious action necessary for ensuring that the CD file and other connected papers are transferred to Eraniyil Police Station, Tamil Nadu for further investigation as mentioned in the letter dated 1.6.2015.

With these observations and directions, this Crl.M.C stands finally disposed of.

ALEXANDER THOMAS, Judge.

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