IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 24027 of 2010(Q) --------------------------------------- PETITIONER: ------------------- SANIL MAVELY, S/O.MANI, MAVELITHAYYIL HOUSE, IDANADU P.O., VALLICHIRA, PALA, KOTTAYAM DISTRICT. BY ADVS. SRI.K.N.PADMAKUMAR, SRI.GINESH.P. RESPONDENTS: ------------------------ 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKKADU P.O., THRIRUVANASNTHAPURAM-1. 2. THE SUPERINTENDENT OF POLICE, COLLECTORATE P.O., KOTTAYAM DISTRICT – 686 001. 3. THE CIRCLE INSPECTOR OF POLICE, ETTUMANOOR P.O., KOTTAYAM DISTRICT – 686 001. R1 TO R3 BY PUBLIC PROSECUTOR SRI. HRITIK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V.RAMKUMAR, J. ------------------------------------------ W.P.(C)No.24027 of 2010 ------------------------------------------- Dated this the 3rd day of August, 2010 JUDGMENT In this petition filed under Article 226 of the Constitution of India the petitioner seeks a direction to the first respondent Director General of Police to hand over Ext.P1 complaint addressed to him to the Crime Branch Police and to conduct a proper and effective investigation. 2. According to the petitioner, one Sreejith C.Nair referred to in Ext.P1 complaint collected some amounts from the petitioner by offering him visa to go to Canada and cheated him. He therefore preferred Ext.P1 complaint before the first respondent Director General of Police with copies to Superintendent of Police, Kottayam and Circle Inspector of Police, Ettumanoor. Hence the above prayer. 3. This is a misconceived petition. If the petitioner had any grievance over the said Sreejith C.Nair W.P.(C)No.24027/2010 : 2 : or anybody of having committed any offence, his remedy was to lodge a complaint before the Station House Officer, Ettumanoor. Even then, if the Police do not register a crime his remedy is not a petition under Article 226 of the Constitution of India. The remedy is either to move the superior officer under Section 154(3) of Code of Criminal Procedure or to lodge a private complaint before the Magistrate concerned under Section 190 Code of Criminal Procedure. Recourse to Article 226 can never be the remedy. This writ petition is accordingly dismissed. V.RAMKUMAR, JUDGE skj