IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 14685 of 2009(Q) ------------------------------------- PETITIONER(S): ---------------------- K.R.MEERA MENON, AGED 25 YEARS, D/O. RAMAN MASTER, KOOPPULLI KETTIL HOUSE, NOW RESIDING AT NO.E-5 74/IIA, ALAPPAT CROSS ROAD, RAVIPURAM, KOCHI-15. BY ADV. SRI.P.K.JOSE RESPONDENT(S): ----------------------- 1. THE COMMISSIONER OF POLICE, COCHIN CITY, ERNAKULAM, KOCHI-31. 2. THE VANITHA CELL POLICE OFFICER, VANITHA CELL, COCHIN CITY, KOCHI-31. 3. BABU VARGHESE, LD CLERK, KERALA WATER AUTHORITY, WATER WORKS SUB DIVISION, PALLIMUKKU, KOCHI-16. R1 & R2 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ==================== W.P.(C) No. 14685 of 2009-Q ==================== Dated this the 1st day of June, 2009. JUDGMENT Petitioner filed this petition under Article 226 of the Constitution of India for a writ of mandamus commanding respondents 1 and 2 to investigate the crime alleged against 3rd respondent in Ext.P1 complaint filed before 2nd respondent, Vanitha Cell Police Officer, Kochi. Under Ext.P1 complaint petitioner alleged that on the night of 13/3/2009 while she was walking along the court yard of her quarters, 3rd respondent, who is residing in the nearby quarters, caught hold of her and attempted to kiss her and when she cried loudly, he went away and he used to insult the petitioner even earlier. The allegation is that an offence under Section 354 of Indian Penal Code was committed and as the ingredients of the offence are there in Ext.P1 complaint, it is to be investigated. WP(C) No.14685/2009-Q -2- 2. Learned Counsel appearing for the petitioner was heard. 3. When petitioner lodged the complaint before 2nd respondent, if the complaint is not enquired into, petitioner has a remedy to approach the Magistrate by filing a private complaint under Section 200 of Code of Criminal Procedure. When that remedy which is more efficacious is available, the writ jurisdiction cannot be invoked. With liberty to approach the Magistrate by filing a private complaint, Writ Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr