IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 28916 of 2007(P) ----------------------------------------- PETITIONERS: ------------------------- 1. GEORGE DASIUS THOTTAKATH,S/O.T.M.DASIUS, AGED 65 YEARS, RESIDING AT THOTTAKATH HOUSE, 42/631,CHITTOOR ROAD, AYYAPPANKAVU,KOCHI-18. 2. ELISWA THOTTAKATH,W/O.GEORGE DASIUS THOTTAKATH, AGED 63 YEARS,RESIDING AT THOTTAKATH HOUSE,42/631,CHITTOOR ROAD, AYYAPPANKAVU,KOCHI-18. BY ADV. SRI.C.K.PAVITHRAN RESPONDENTS: --------------------------- 1. ADDITIONAL DISTRICT MAGISTRATE,ERNAKULAM. 2. COMMISSIONER OF POLICE, KOCHI CITY. 3. SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 4. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- W.P.(c) No. 28916 of 2007-P ------------------------------------------------- Dated this the 3rd day of October, 2008 JUDGMENT The grievance of the petitioners is that Exts.P9 to P11 complaints addressed by him to respondents 3, 2 and 1 respectively have not evoked any proper response. In fact, Ext.P9 complaint was initially filed before the Sub Inspector of Police, Ernakulam Town North Police Station who had informed the petitioners through a Police Constable that the same has been transferred to the 3rd respondent. 2. The grievance of the petitioners is that no action has been taken on Exts.P9 to P11. Those complaints relate to the stealthy removal of a pistol from a parcel that was sent by the 1st petitioner in favour of the 2nd petitioner. 3. The learned Public Prosecutor, after taking instructions, submits that respondents 1 to 3 or the Sub W.P.(c) No. 28916 of 2007 -: 2 :- Inspector of Police, Ernakulam North Town Police Station to whom Ext.P9 was addressed have not received any such complaints. The petitioners are unable now to produce any documents to show that Exts.P9 to P11 have been delivered to respondents 1 to 3 or the S.I. of Police, Ernakulam Town North Police Station. 4. I shall assume, for the sake of arguments, that Exts.P9 to P11 have reached respondents 1 to 3. But even then, the petitioners' grievance cannot be entertained in this application under Art.226 of the Constitution after 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), it is trite that a person who has a grievance that his complaint has not been registered as a crime cannot rush to this Court with an application under Art.226 of the Constitution or Sec.482 Cr.P.C. He can file such complaint before the Magistrate and seek appropriate directions from the Magistrate under Sec.156(3) Cr.P.C. 5. In the light of the said precedents, the prayer of the petitioners cannot be entertained in this writ petition now. 6. This writ petition is accordingly dismissed with the specific observation that the dismissal of this writ petition will W.P.(c) No. 28916 of 2007 -: 3 :- not, in any way, fetter the rights of the petitioners to approach the learned Magistrate in the light of the precedents referred above and seek appropriate directions under Sec.156(3) Cr.P.C. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge