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TMI Blog2007 (9) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... 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: At about 9 a.m. on 26-5-1999 two strangers came to her rented house at Angadikkal in Chengannoor. One of them introduced himself as Santosh Thampan and told her that he is the reporter and his companion is the photographer of an evening daily which was being launched. They sought her permission to interview her in connection with late. Smt. K.R. Saraswathi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... two days' time to think over and disconnected the phone. After 10.30 p.m. on 29-5-1999, Nandakumar again called her over the phone and told her that he had obtained more particulars about her and that if she was disinclined to give him Rs. 5 lakhs, herself, her husband and daughter would find it difficult to walk along the streets. He also threatened her that it would create difficulties to many of her superiors. He added that he would supply ten thousand free copies of Crime Weekly in that area rendering it impossible for her to face her voters and she will have to bid farewell to her political career. So saying he disconnected the phone. Thereafter at 7 a.m. on 5-6-1999 Nandakumar again called her over the phone and told her that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... society is throwing to the winds all legal provisions. T.P. Nandakumar who is indulging in intimidation and character assassination of the complainant who is a lady M.L.A. is publishing her photographs and false stories about her without her consent and he is to be brought to justice. A raid has to be conducted in the office of Crime Weekly and false documents meant for tarnishing the reputation of respectable persons holding high offices in the society should be seized with a view to curb the dirty tendencies of such persons. 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, Thiruvanantha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner 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. 4. I heard Advocate Sri K. Ramakumar, the learned Counsel appearing for the revision petitioner and Advocate Sri P.G. Thambi, the learned Director General of Prosecution. I also perused the records. 5. Going by the averments in the complaint submitted by Sobhana George before the Chief Minister it is crystal clear that the blackmailing phone calls by first accused-Nandakumar was made to her residence at Chengannur. If we go by the place of publication of the bi-weekly and the address of the accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Station House Officer of a Police Station which does not have territorial jurisdiction over of the place of crime he cannot refuse to record the information. If he does so, it would amount to dereliction of duty. The proper course in such a case would be to record the information and forward the same to the police station having jurisdiction. (Vide State of Andhra Pradesh v. Punati Ramulu MANU/SC/0417/1993MANU/SC/0417/1993 : 1993CriLJ3684 ). 6. The Museum Police instead of recording the information contained in the complaint and transferring the same to the Chengannur Police were arrogating to themselves the power of investigation which they did not posses. In order to justify the investigation by the Museum Police a further stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the result this revision is allowed as above. The facts of this case will reveal the lack of proper application of mind by the personal staff of the then Chief Minister and that has resulted in the forwarding of the complaint wrongly to the Thiruvananthapuram City Police Commissioner who had no role to play except to make over the complaint to the Station House Officer of Chengannur Police Station which is in Alappuzha District. Equally reprehensible is the action of the then City Police Commissioner, Thiruvananthapuram in forwarding the complaint to the Circle Inspector of Police, Museum Police Station, Thiruvananthapuram with direction to register a crime for the specified offences under the Indian Penal Code and to investigate the same. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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