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Issues involved: Jurisdiction of police station for investigation, legality of investigation by Museum Police, application of mind by authorities in handling complaint.
Summary: 1. The revision petitioner challenged the order rejecting his application for discharge under Section 239, Cr. P.C. related to a complaint by an opposition M.L.A. regarding blackmailing calls from the Chief Editor of a bi-weekly publication. 2. The complaint alleged blackmailing calls made to the M.L.A.'s residence, leading to the registration of a case by Museum Police. The revision petitioner sought discharge citing lack of territorial jurisdiction of Museum Police. 3. The High Court found that Museum Police lacked jurisdiction to investigate the case as the calls were received at the M.L.A.'s residence in Chengannur, falling under Chengannur police jurisdiction. The actions of Museum Police were deemed illegal. 4. The Court emphasized that the Museum Police, by taking a further statement to justify their investigation, acted beyond their authority. The lack of jurisdiction was a serious issue, not a mere irregularity, warranting the discharge of the revision petitioner. 5. The Court set aside the order rejecting the discharge application, highlighting the administrative deficiencies in handling the complaint and stressing the importance of proper application of mind by authorities in such cases. 6. The judgment serves as a reminder of the need for adherence to legal procedures and the significance of jurisdictional boundaries in criminal investigations, ensuring fair and lawful proceedings.
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