IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 29762 of 2009(Q) --------------------------------------- PETITIONER(S): ---------------------- M.IRIN PEREIRA, W/O. LATE IGNATIUS PEREIRA, ANGEL BHAVAN, MURUNTHIYIL, KIZHAKKATHIL, KUREEPUZHA P.O., THRIKKADAVOOR VILLAGE, KOLLAM. BY ADV. MR.SHABU SREEDHARAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIME BRANCH, EANCHACKAL, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO. 29762 OF 2009 ------------------------------------------ Dated 17th November 2009 JUDGMENT This petition is filed under Article 226 of Constitution of India for a direction to first respondent State and second respondent additional Director General of Police to register a crime based on Exts.P5 and P6 complaints and to conduct proper investigation. 2. As held by the Apex court in Sakiri Vasu v. State of U.P (2008 (1) KLT 724), if the case of the petitioner is that in spite of Exts.P5 and P6 complaints no FIR is registered and no case is being investigated, remedy of the petitioner is to approach the concerned Magistrate under Section 156(3) of Code of Criminal Procedure. Without approaching the Magistrate, petitioner is not entitled to approach this court under Article 226 of Constitution of India. With liberty to file a complaint under Section 156(3) before the concerned Magistrate, petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.