IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19020 of 2008(L)
1. P.G.GOPALAKRISHNAN NAIR,
... Petitioner
2. P.S. MINI KUMARI,PULIYURUMBIL HOUSE,
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SUPERINTENDENT OF POLICE,
3. THE SUPERINTENDENT OF POLICE,
For Petitioner :SRI.D.SOMASUNDARAM
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :25/06/2008
O R D E R
R.BASANT, J.
----------------------
W.P.C.No.19020 of 2008
----------------------------------------
Dated this the 25th day of June 2008
J U D G M E N T
The grievance of the petitioners is about non-registration of
a proper F.I.R and not conducting a proper investigation into an
F.I.R which is already registered. The number, details etc. are
not furnished. However, it is submitted that Ext.P1 application
submitted before the Superintendent of Police has not evoked
any proper action.
2. In short, the grievance is about non-registration of
crime and the failure to conduct a proper investigation. The
decision in Sakiri Vasu v. State of U.P & Others [2008 AIR SCW
309] which has been followed by this court in Vasanthi Devi v.
Sub Inspector of Police [2008(1) KLT 945] has changed the law
on the point and they are authority for the proposition that a
person aggrieved by such non-registration of the F.I.R or the
omission to conduct a proper investigation cannot rush to this
court with applications under Article 226 of the Constitution of
India or under Section 482 Cr.P.C. They must first take resort to
the equally efficacious alternative remedy available to them
under Section 156(3) Cr.P.C before the learned Magistrate.
W.P.C.No.19020/08 2
3. Inasmuch as the petitioners have not exhausted the
said equally efficacious alternative remedy, I am satisfied that
this writ petition cannot be considered favourably.
4. This writ petition is accordingly dismissed. Needless
to say, the petitioners’ right to approach the learned Magistrate
with a proper application under Section 156(3) Cr.P.C shall
remain unfettered by the dismissal of this petition.
(R.BASANT, JUDGE)
jsr
W.P.C.No.19020/08 3
W.P.C.No.19020/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007