IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27419 of 2004(L)
1. C.V.USHAKUMARI, AGED 34 YEARS,
... Petitioner
Vs
1. STATE,
... Respondent
2. SUPERINTENDENT OF POLICE, KANNUR.
3. DIRECTOR GENERAL OF POLICE,
4. P.SUKUMARAN,
For Petitioner :SRI.V.N.RAMESAN NAMBISAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :13/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.C.NO.27419 OF 2004
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Dated 13th September, 2010
JUDGMENT
Petition is filed by the wife of
fourth respondent under Article 226 of
Constitution of India for a writ of
mandamus to direct Superintendent of Police
and Director General of Police to conduct
investigation on Ext.P9 complaint and a
further direction to investigate the
offence of fabrication of birth register
of the child born to one Manju.
2. Learned counsel appearing for
the petitioner and learned Government
Pleader were heard.
3. As held by the Apex Court in
Sakiri Vasu v. State of U.P (2008 (1) KLT
724) when the allegation of the petitioner
Wpc 27419/04
2
is that there is no proper investigation in
respect of the complaint filed by the
petitioner before Superintendent of Police,
remedy is to approach the concerned Magistrate
under Section 156(3) of Code of Criminal
Procedure and not to rush to the High Court
under Article 226 of Constitution of India.
Granting liberty to approach the learned
Magistrate under Section 156(3) of Code of
Criminal Procedure, petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.