IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Crl.MC.No. 1530 of 2008 ------------------------- PETITIONER: ------------ R.K.MOIDEEN KOYA, S/O. AHMMED KUTTY, AGED 48, R.K.HOUSE, NADUVATHUR, KOZHIKODE. BY ADV. SRI.S.SOMAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KUTTIADY POLICE SATION. 3. KOZHIKODE JILLA MOTOR AND ENGINEERING WORKERS UNION (CITU), NADAPURAM AREA BUS STATION COMMITTEE, KUTTIADY P.O., REPRESENTED BY ITS SECRETARY. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 7-4-2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1530 of 2008 = = = = = = = = = = = = = = Dated this the 7th day of April, 2008 ORDER The grievance of the petitioner is that in spite of his driver lodging Annexure A-4 complaint dated 4-4-2008 before the Sub Inspector, Kuttiadi police station to the effect that the stage carriage bus belonging to the petitioner was forcibly taken away by the crew of another bus, the police has been turning a Nelson's eye towards his complaint and no crime has been registered much less any investigation commenced. 2. In the light of the recent decision of the Supreme Court in Sakri Vasu v. State of U.P, 2008(1)K.L.T.724, the remedy of the petitioner is to move the Magistrate under Section 190 read with Section 200 Cr.P.C. Accordingly the petitioner may file a private complaint under Section 190 read with Section 200 Cr.P.C. before the Magistrate concerned. Reserving the said right of the petitioner, this Crl.M.C.is disposed of. V. RAMKUMAR, JUDGE ks.