IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 23465 of 2008(R) -------------------------- PETITIONER: ------------ BIJUKUMAR AGED 38 YEARS, S/O.PURUSHOTHAMAN NOW RESIDING AT 1148, SW 122ND AVE, PEMBROKE PINES FB, 330 25, U.S.A,HAVING NOW COME DOWN TO KOCHI. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFIARS SECRETARIAT,THIRUVANANTHAPURAM 2. DIRECTOR GENERAL OF POLICE CYBER CRIME DEPARTMENT,THIRUVANANTHAPURAM 3. COMMISSIONER OF POLICE, ERNAKULAM 4. SOFTARYA PVT. LIMITED 33/1854-B,SOBHA ROAD,VENNALA P.O.,KOCHI-28 R1 TO 3 BY GOVT. PLEADER SRI. AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 23465 of 2008 R - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of July, 2008 JUDGMENT The petitioner has come to this Court with a grievance that no action has been taken by the police on Ext.P4 complaint lodged by him before the police. He prays that appropriate direction may be issued under Article 226 of the Constitution. 2. The decision in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724) (SC), which has been followed by this Court in John v. State of Kerala (2008 (1) KLT 462) is authority for the proposition that a person like the petitioner with a grievance that no crime has been registered on the basis of the complaint lodged by him must initially exhaust the remedy available to him under Section 156(3) Cr.P.C. Such persons, it is by now trite, do not have the option ordinarily to come to this Court with petition under Article 226 of the Constitution or under Section 482 Cr.P.C. The petitioner has come to this Court without and W.P.C.No. 23465 of 2008 2 before exhausting that alternative efficacious remedy which is available to him. This petition cannot in these circumstances be entertained and considered favourably. 3. This Writ Petition is dismissed. But I may hasten to observe that I have not intended to express any opinion on merits and the option of the petitioner to approach the learned Magistrate with complaint under Section 156(3) Cr.P.C. shall remain unfettered. (R. BASANT) Judge tm