IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27259 of 2009(Q)
1. K.HUSSAIN KOYA THANGAL,
... Petitioner
Vs
1. THE DISTRICT SUPERINTENDENT OF POLICE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. JAMALUDHEEN,S/O.SHAHUL HAMEED,
For Petitioner :SRI.K.KARTHIKEYA PANICKER
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/11/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.C.NO. 27259 OF 2009
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Dated 6th November 2009
JUDGMENT
This petition is filed under Article 227 of
Constitution of India for a writ of mandamus to
direct respondents 1 and 2 to investigate Exts.P1 and
P3 complaints jointly. Ext.P1 is a complaint which was
sent for investigation by Judicial First Class
Magistrate, Kollam under Section 156(3) of Code of
Criminal Procedure based on which Ext.P2 FIR was
registered and the case is being investigated. Ext.P3
is a complaint filed by the petitioner before the
Superintendent of Police alleging that a complaint was
filed before Sub Inspector of Police, Kundara police
station but no FIR was registered and therefore,
direction is to be issued to register a case and
investigate the case.
2. A direction cannot be issued to
investigate Ext.P2 crime along with a crime to be
registered as sought for. When case of the petitioner
is that a complaint was preferred before the Station
Wpc 27259/09
2
House Officer and as provided under Section 154, no
case is registered and Ext.P3 complaint was filed
before the Superior officer and still no FIR is
registered, as held by the Apex court in Sakiri Vasu
v. State of U.P (2008 (1) KLT 724) remedy of the
petitioner is not to approach the High Court under
Article 227 of Constitution of India but to approach
the Magistrate under Section 156(3) of Code of
Criminal Procedure. With that liberty petition is
dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.