IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 30048 of 2009(Q) -------------------------------------------- PETITIONER: R.RANJAN, S/O.RAGHAVAN, MALIYIL HOUSE, DEVALOKAM, MUTTAMBALAM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM. 3. THE SUB INSPECTOR OF POLICE, DO. DO. 4. M.G.SASIDHARAN @ ACHACHI, MATHRUBHAVAN, KARAPUZHA, KOTTAYAM. BY GOVT. PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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