IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 1495 of 2011(J) ------------------------ PETITIONER : --------------------- MR. S. SURESHKUMAR, MISHAL, KARICHAYIL, ATTINGAL P.O. BY ADV. SRI.JOHN K.GEORGE RESPONDENT(S): ------------------------- 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, TRIVANDRUM, PIN – 695 001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. PIN – 695 001. R1 & R2 BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.1495 OF 2011(J) -------------------------------------------------- Dated this the 17th day of January, 2011 J U D G M E N T Petitioner's alleges is that he has made a complaint to the Sub Inspector of Police, Kadaikkavur alleging offences against certain former office bearers of Mother India International Public School. It is stated that the police did not take any action and therefore Ext.P2 complaint was made to the first respondent which also remain unattended. 2. In my view, if police are remaining inactive on a complaint disclosing cognizable offence, the remedy available is to move the concerned jurisdictional Magistrate with a private complaint so that the Magistrate can set the criminal law in motion. According to the learned counsel for the petitioner, if the magistrate is moved, Magistrate will forward the case to the police with an order under Section 156(3) of the Cr.P.C and the police will remain inactive. I do not find any substance in the grievance raised by the counsel for the petitioner. If a litigant has such a grievance, at that stage, it is open to the litigant either to move the Magistrate concerned or move this court. The WPC.No. 1495/2011 :2 : apprehension of the petitioner is no reason to bypass the statutory remedy available. Therefore, the petition is disposed of leaving it open to the petitioner to move the jurisdictional Magistrate for appropriate action. (ANTONY DOMINIC) JUDGE vi/