Gopinathan vs State Of Kerala on 18 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2605 of 2010(Q)


1. GOPINATHAN, S/O.AYYAPPAN
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP BY SECRETARY
                       ...       Respondent

2. THE DEPUTY SUPERINTENDENT OF POLICE

3. S.I.OF POLICE

4. THOMAS, S/O.JOSEPH

5. JOHNY, SECRETARY

                For Petitioner  :SRI.DILIP J. AKKARA

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :18/02/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          W.P.(C).No. 2605    OF 2010
          ===========================

    Dated this the 18th day of February,2010

                   JUDGMENT

This petition is filed under Article 226 of

the Constitution of India contending that

though Ext.P2 complaint was filed before the

Deputy Superintendent of Police, Thrissur, no

crime is registered and no investigation is

being conducted.

2. Learned counsel appearing for the

petitioner and the learned Public Prosecutor

were heard.

3. The argument of the learned counsel is

that in spite of filing of the complaint,

there was no proper investigation and accused

is threatening the petitioner and in such

circumstances, a proper direction is to be

issued. When the case of the petitioner is

that in spite of the complaint no crime is

W.P.(C) 2605/2010 2

registered and there is no proper investigation,

remedy of the petitioner is as held by the Apex

Court in Sakiri Vasu v. State of U.P (2008(1) KLT

724) to approach the concerned Magistrate under

section 156(3) of the Code of Criminal Procedure.

With liberty to approach the Magistrate, petition

is disposed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006