IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 3376 of 2010(Q) ------------------------------------------- PETITIONER: SHANIL, S/O.SADANDAN, THODIYIL VEEDU, VALTHUNGAL P.O., KOLLAM. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS: 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. THE SUPERINTENDENT OF POLICE, KOLLAM UNIT, ECONOMIC OFFENCE WING-I, KOLLAM. 4. THE CIRCLE INSPECTOR OF POLICE, KOLLAM. 5. THE SUB INSEPCTOR OF POLICE, OACHIRA, KOLLAM. 6. PREMJI, S/O.KRISHNAN, PARALIL HOUSE, CLAPPANA, VADAKKUM MURI, KARUNAGAPPALLY, KOLLAM. BY GOVT. PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.3376 of 2010 -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India for a direction to the fifth respondent, Sub Inspector of Police, Oachira, to register a case on the basis of Exhibit P1 complaint filed by the petitioner before him alleging that in spite of Exhibit P1, no case has been registered and even though petitioner filed Exhibit P2 complaint before Superintendent of Police, Kollam, it also did not yield the desired result. 2. Learned counsel appearing for the petitioner was heard. 3. In view of the decision of the Apex Court in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724), when the case of the petitioner is that in spite of Exhibit P1 complaint no FIR was registered and the crime was not being investigated, petitioner is not WPC 3376/10 2 entitled to approach this Court before approaching the Magistrate under Section 156(3) of Code of Criminal Procedure. Granting liberty to the petitioner to approach the learned Magistrate under Section 156(3) of Code of Criminal Procedure, the petition is dismissed. 16th February, 2010 (M.Sasidharan Nambiar, Judge) tkv