Sajesh P vs State Of Kerala
2021 Latest Caselaw 21629 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR. JUSTICE K.HARIPAL
         TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                          OP(CRL.) NO. 229 OF 2021
NAME AND ADDRESS OF THE PETITIONER/ACCUSED:

             SAJESH P.
             AGED 48 YEARS
             S/O.MADHAVAN P.,
             MEERA NIVAS, SANKARANELLUR P.O.,
             KUTHUPARAMBA,
             KANNUR DISTRICT, PIN- 670 643.
             BY ADVS.
             P.J.JOSEPH JOHN
             J.RAMKUMAR


NAME AND ADDRESS OF THE RESPONDENTS/STATE AND COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA - 682031.
     2       ADDL.R2. IMPLEADED
             SUB INSPECTOR OF POLICE,
             GOVERNMENT RAILWAY POLICE STATION,
             PALAKKAD 678 001
             IS IMPLEADED AS ADDL.R2 VIDE ORDER DATED 02.11.2021 IN IA
             1/2021.
             BY ADV C.DINESH



             SR.PP - SRI. HRITHWIK C.S.



     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.Crl.No.229 of 2021
                                          2



                                    JUDGMENT

Petitioner is the accused in Crime No.36/2013 of Railway police

station, Palakkad, which was registered under Section 41 (1) (d) of the

Cr.P.C after seizing certain gold items from the petitioner. During the

course of investigation, it has come out that the commission of the

crime had taken place within the jurisdiction of Judicial Magistrate-IV,

Vellore. On that basis a corresponding crime was registered as Crime

No.91/2015 in Katpadi Police Station under General Railway Police,

Chennai Central. It is evident from Ext.P9 that the Sub Inspector,

Railway Police Station, Palakkad had already given a requisition to the

Judicial First Class Magistrate-III, Palakkad for transmitting the entire

records and material objects to the court at Vellore. But so far it has

not been transmitted and that promted the petitioner to move this

Court under Article 227 of the Constitution, seeking a direction to the

Judicial First class Magistrate Court-III, Palakkad to transfer the

documents and the properties to the Judicial Magistrate-IV, Vellore.

2. I heard the learned counsel for the petitioner, the learned

Senior Public Prosecutor and also the learned Standing Counsel for the O.P.Crl.No.229 of 2021

Railway Protection Force.

3. The learned Senior Public Prosecutor has submitted that on

the intimation that the place of occurrence is within Katpadi Police

Station limits, further action in Crime No.36/2013 of Railway Police

Station, Palakkad has already been dropped.

In the circumstances, there is no justifiable reason for the delay

in taking action on the Ext.P9 requisition made by the Sub Inspector.

The entire records and material objects in Crime No.36/13 of Railway

Police Station shall be transmitted by the Judicial First Class

Magistrte-III, Palakkad to the Judicial Magistrate-IV, Vellore

forthwith, within seven days from the receipt of a copy of this

judgment.

The Original Petition is allowed as above.

Sd/-

K.HARIPAL

JUDGE Jms/02.11

//True Copy// P.A to Judge O.P.Crl.No.229 of 2021

APPENDIX OF OP(CRL.) 229/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ARREST MEMO IN CRIME NO.36/2013 OF THE RAILWAY POLICE STATION, PALAKKAD.

Exhibit P2 TRUE COPY OF THE FIR INDEX IN THE CRIME NO.36/2013 OF THE RAILWAY POLICE STATION, PALAKKAD.

Exhibit P3 TRUE COPY OF THE PROPERTY LIST IN CRIME NO.36/2013.

Exhibit P4 TRUE COPY OF THE ORDER DATED 14/08/2013 IN CRIME NO.36/2013 OF THE RAILWAY POLICE STATION, PALAKKAD.

Exhibit P5 TRUE COPY OF THE RELEASE MEMO IN CRIME NO.36/2013.

Exhibit P6 TRUE COPY OF THE LETTER DATED 09/10/2013 ISSUED BY SUPERINTENDENT OF POLICE FOR RAILWAYS, THIRUVANANTHAPURAM, KERALA TO SUPERINTENDENT OF POLICE FOR RAILWAYS, CHENNAI, TAMIL NADU. Exhibit P7 TRUE COPY OF THE LETTER DATED 22/10/2013 ISSUED BY SUPERINTENDENT OF POLICE FOR RAILWAYS, CHENNAI, TAMIL NADU TO SUPERINTENDENT OF POLICE FOR RAILWAYS, THIRUVANANTHAPURAM, KERALA. Exhibit P8 TRUE COPY OF THE FIR REGISTERED IN GOVERNMENT RAILWAYS POLICE STATION, KATPADI, TAMIL NADU IN CRIME NO.91 OF 2016.

Exhibit P9 TRUE COPY OF THE REQUEST DATED 31/10/2018 SUBMITTED BY THE SUB INSPECTOR OF POLICE, RAILWAYS POLICE STATION, PALAKKAD BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PALAKKAD.

Exhibit P10 TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT, 2005. Exhibit P11 TRUE COPY OF THE APPLICATION DATED 16/02/2021 FOR CERTIFIED COPY OF THE DOCUMENTS ALONG WITH THE ORDERS REJECTING THE APPLICATION FOR THE CERTIFIED COPY.

Exhibit P11(a) TRUE COPY OF THE APPLICATION DATED 23/03/2021 FOR CERTIFIED COPY OF THE DOCUMENTS ALONG WITH THE ORDERS REJECTING THE APPLICATION FOR THE CERTIFIED COPY.

Exhibit P12 TRUE COPY OF THE REPLY GIVEN BY THE STATE PUBLIC INFORMATION OFFICER, RAILWAY POLICE STATION, PALAKKAD AND DEPUTY SUPERINTENDENT, RAILWAYS, PALAKKAD.

Exhibit P13 TRUE COPY OF THE REPLY DATED 14/01/2020 GIVEN BY THE STATE PUBLIC INFORMATION OFFICER, RAILWAY POLICE STATION, PALAKKAD AND DEPUTY O.P.Crl.No.229 of 2021

SUPERINTENDENT, RAILWAYS, PALAKKAD. Exhibit P14 TRUE COPY OF THE REPLY DATED 20/12/2019 GIVEN BY THE STATE PUBLIC INFORMATION OFFICER, RAILWAY POLICE STATION, PALAKKAD AND DEPUTY SUPERINTENDENT, RAILWAYS, PALAKKAD. Exhibit P15 TRUE COPY OF THE REPLY DATED 11/12/2020 ISSUED BY THE HON'BLE REGISTRAR (ADMINISTRATION)/PIO, CHENNAI HIGH COURT, TAMIL NADU.

Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 15/11/2019 IN OP (CRIMINAL) 493/2019 OF THIS HON'BLE COURT.