IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 15885 of 2009(Q) ----------------------------------------- PETITIONER(S): -------------------------- V.J. THOMAS, AGED 55 YEARS, VADEKKE ENNACHERIL HOUSE, VELLUTHURUTHY, KUZHIMATTOM P.O., KOTTAYAM 686 533, BY ADV. MR.P.K.JOSE RESPONDENT(S): ---------------------------- 1. SUPERINTENDENT OF POLICE, COLLECTORATE, KOTTAYAM. 2. SUB INSPECTOR OF POLICE, CHINGAVANAM POLICE STATION, P.O. CHINGAVANAM, KOTTAYAM. 3. EBRAHAM, AGED 60 YEARS, S/O. SCARIA, PARAKULATH HOUSE, VELLUTHURUTHY, KUZHIMATTOM P.O., KOTTAYAM DISTRICT. 4. JACOB, AGED 57 YEARS, S/O. SCARIA, PARAKULATH HOUSE, VELLUTHURUTHY, KUZHIMATTOM P.O., KOTTAYAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.15885 OF 2009 ------------------------------------------ Dated 9th June 2009 O R D E R This petition is filed under Article 226 of Constitution of India for a writ of mandamus to second respondent, Sub Inspector of Police to investigate Ext.P1 complaint filed by him. Ext.P1 complaint was seen received by second respondent under Ext.P2 receipt on 20/5/2009. The grievance of the petitioner is that in spite of receipt of Ext.P1, no crime is registered and complaint was not investigated. If so, remedy of the petitioner is to approach the Magistrate by filing a private complaint. If such a complaint is filed, Magistrate would either conduct an inquiry himself under Section 202 of Code of Criminal Procedure or forward the complaint to the police under Section 156 (3) of Code of Criminal Procedure. With that liberty to the petitioner, petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.