IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21368 of 2008(R)
1. ANNAMMA ALEX, AGED 45 YEARS,
... Petitioner
Vs
1. THE CI OF POLICE, PIRAVOM,
... Respondent
2. THE SI OF POLICE, KOOTHATTUKULAM,
3. DYSP, MUVATTUPUZHA,
4. SUPERINTENDENT OF POLICE (RURAL),
For Petitioner :SRI.K.R.MICHAEL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :16/07/2008
O R D E R
R.BASANT, J
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W.P(C). No.21368 of 2008
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Dated this the 16th day of July, 2008
JUDGMENT
Petitioner, a woman, has come to this Court with a grievance
that no crime has been registered on the basis of a complaint
made by her before various authorities/respondents.
2. After the decision in Sakiri Vasu v. State of U.P
[2008 AIR SCW 309], it is trite that a person with a grievance like
the one raised by the petitioner in this petition before me cannot
be permitted to come directly to this Court to invoke the powers
under Article 226 of the Constitution of India or under Section
482 Cr.P.C. Such person with such a grievance must, it is held in
Sakiri Vasu v. State of U.P, approach the learned Magistrate
under Section 156(3) Cr.P.C and exhaust the equally efficacious
alternative remedy which he is said to have under Section 156(3)
Cr.P.C. In the light of the unambiguous statement of law, it is for
the petitioner now to approach the learned Magistrate and the
petitioner’s conduct of coming directly to this Court without and
before exhausting the efficacious alternative remedy cannot be
countenanced.
W.P(C). No.21368 of 2008 2
3. This Writ Petition is, in these circumstances, dismissed,
but with the observation that if the petitioner approaches the
learned Magistrate with such grievance, the learned Magistrate
must consider the same and pass appropriate orders in the light
of the decision in Sakiri Vasu v. State of U.P.
(R.BASANT, JUDGE)
rtr/-