Dafini Cleatus vs John Jacob, C.J. Jacob, Omana Jacob and State of Kerala

V. Ramkumar, J.—Petitioner, who is the wife of the first respondent herein filed Annexure A1 complaint before the Chief Judicial Magistraate, Thiruvananthapuram against the first respondent and his parents alleging offences punishable under Sections 498A, 506(1) and read with 34 of the Indian Penal Code. According to the petitioner, the acts of matrimonial cruelty were committed at Thiruvananthapuram and at Kollam. The learned Magistrate forwarded Annexure 1 complaint to the Museum Police, Thiruvananthapuram u/s 156(3) of the Cr.P.C. The grievance of the petitioner is that the Museum police instead of conducting investigation into the alleged offences, had forwarded Annexure 1 complaint to the Kollam East Police Station. Both the Museum Police as well as Kollam East Police have registered separate cases as Crime No. 20/2010 and Crime No. 95/10 respectively. The petitioner would content that when the offences were committed within the local limits of two police stations, by virtue of the decision in Mathew v. Reena Paul 1998 (1) KLT 594, the matter can be investigated by any one of the police station and the Museum police having registered a crime was bound to conduct an investigation and file a final report before the Chief Judicial Magistrate, Thiruvananthapuram.

The learned Public Prosecutor would submit that, since the complainant alleges cruelty on the part of the accused in the matrimonial home of the petitioner at Kollam, the Museum police was justified in transferring the case to the Kollam East Police Station.

The learned Chief Judicial Magistrate shall consider the matter in the light of 1998 (1) KLT 594 and take decision as to whether it was within the territorial limit of the Museum police to register the crime and conduct an investigation without forwarding the complaint to the Kollam East police station and if the Chief Judicial Magistrate comes to the conclusion that the Museum police had jurisdiction to conduct investigation, he shall order accordingly. This Criminal M.C is disposed of as above.