R.Ranjan vs The District Superintendent Of … on 23 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30048 of 2009(Q)


1. R.RANJAN, S/O.RAGHAVAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT SUPERINTENDENT OF POLICE,
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.M.J.THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :23/10/2009

 O R D E R
                M.Sasidharan Nambiar, J.
               --------------------------
                W.P.(C)No.30048 of 2009 Q
               --------------------------

                        JUDGMENT

This petition is filed under Article 226 of

Constitution of India for a direction to respondents 1

and 2 to investigate Exhibit P1 complaint filed before

the District Superintendent of Police, Kottayam. If no

action is taken on a petition filed before the Station

House Officer or the Superintendent of Police, remedy

of the petitioner is not to rush to the High Court to

invoke Article 226 of Constitution of India. Instead,

as held by the Apex Court in Sakiri Vasu v. State of

U.P. (2008 (1) KLT 724), petitioner has to approach the

concerned Magistrate under Section 156(3) of Code of

Criminal Procedure.

With the liberty to approach the Magistrate under

Section 156(3) of Code of Criminal Procedure, petition

is dismissed.

23rd October, 2009 (M.Sasidharan Nambiar, Judge)
tkv