IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31696 of 2010(J)
1. KUNHALAN HAJI, S/O.KOYAKUTTY,
... Petitioner
Vs
1. SUPERINTENDENT OF POLICE,(RURAL)
... Respondent
2. SUB INSPECTOR OF POLICE,
3. NIJIL JACOB, S/O.JACOB,
For Petitioner :SRI.K.MUHAMMED SALAHUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :15/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.C.NO.31696 OF 2010
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Dated 15th October, 2010
JUDGMENT
Petition is filed under Article 226
of Constitution of India for a writ of
mandamus directing first respondent to
enquire Ext.P3.
2. Learned counsel appearing for
the petitioner was heard.
3. If grievance of the petitioner
is that a congnizable offence was committed
and a complaint was filed before the
Station House Officer and it is not being
investigated, remedy is to approach the
concerned Magistrate under Section 156(3)
of Code of Criminal Procedure. If it is a
non cognizable offence, petitioner has to
Wpc 31696/10 2
file a complaint before the concerned
Magistrate. Petitioner is not entitled to
approach this Court by filing a writ petition,
without approaching the learned Magistrate.
Petition is dismissed with liberty to
seek appropriate remedy.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.