IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 16152 of 2011(T) -------------------------- PETITIONER(S)/COMPLAINANT :- ------------------------------------------------ T.P.ABRAHAM, S/O.PHILIP, AGED 60 YEARS, PARAMBIL HOUSE, CHIRAYIRAMBU HOUSE, THOTTAPUZHASHERRI VILLAGE, PATHANAMTHITTA DIST. BY ADV. SRI.ABRAHAM SAMSON SMT.LOVELY SAMSON RESPONDENT(S) :- -------------------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689 645. 2. THE SUB-INSPECTOR OF POLICE, KOIPURAM POLICE STATION, KOIPURAM, PATHANAMTHITTA DISTRICT-689 645. PUBLIC PROSECUTOR MR.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 16152 of 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the complaint filed before the J.F.C.M.-II, Pathanamthitta dated 7.5.2011 by the petitioner. Ext.P2 :- Copy of the petition filed before the 1st respondent dated 17.5.2011. Ext.P3 :- Copy of the receipt dated 18.5.2011 issued by the Postal Dept. Ext.P4 :- Copy of the Acknowledgment Card received by the petitioner on 21.5.2011. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ W.P.(C). No.16152 of 2011 ~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June 2011 J U D G M E N T According to the petitioner, he moved a complaint before learned Judicial First Class Magistrate-II, Pathanamthitta as Crl.M.P.No.2858 of 2011 for offence punishable under Sec.380 of the Indian Penal Code for theft of Iron Ingots and angle rods worth `7,500/- from his possession. That complaint was forwarded to the Koipuram Police under Sec.156(3) of the Code of Criminal Procedure (for short, “the Code”). But no action has so far been taken including registration of a case. Instead, the ASI of that Station has asked petitioner to settle the case receiving `5,000/-. Petitioner has preferred Ext.P2, petition to the Superintendent of Police, Pathanamthitta requesting action in the matter. But no action has been taken on that petition as well. Hence this petition. It is prayed that a direction W.P.(C). No.16152 of 2011 -: 2 :- may be issued to the first respondent, Superintendent of Police to handover investigation to any other responsible officer than ASI, Sri.Jayachandran and a further direction to the first respondent to dispose of Ext.P2, petition. 2. I have heard the learned Public Prosecutor also who took notice for respondents 1 and 2. 3. If the complaint has been forwarded to the police under Sec.156(3) of the Code, the police has to register a case and investigate and if that is not done, it is open to the petitioner to move the learned Magistrate to call for information as to the stage of the case. It is also within the power of learned Magistrate to issue appropriate direction in the matter of investigation. If Ext.P2, petition dated 17.5.2011 is received by the first respondent and it is not so far disposed of, first respondent has to pass appropriate orders on that petition without delay. Resultantly, this petition is disposed of in the following lines :- (1)In case the police concerned has not taken any action W.P.(C). No.16152 of 2011 -: 3 :- on the complaint forwarded to it for investigation it is open to the petitioner to approach learned Judicial First Class Magistrate-II, Pathanamthitta and seek appropriate direction in the matter as provided in the Code. (2)If first respondent has received Ext.P2, petition dated 17.5.2011 of petitioner and it is not disposed of so far, first respondent shall do so within three weeks from the date of receipt of a copy of this judgment which shall be made available to that officer by the petitioner. THOMAS P. JOSEPH, JUDGE. Jvt