IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 27419 of 2004(L) -------------------------- PETITIONER: --------------- C.V.USHAKUMARI, AGED 34 YEARS, TEACHER G.M.L.P. SCHOOL, W/O. P.SUKUMARAN, THALANGARA, (P.O) THALANGARA, KASARAGOD DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: --------------- 1. STATE, REPRESENTED BY HOME SECRETARY, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, KANNUR. 3. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 4. P.SUKUMARAN, SUB INSPECTOR OF POLICE, KANNUR. R1 TO R4 BY GOVERNMENT PLEADER , SRI.P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 27419 of 2004(L) APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE NOTICE ON 19.3.2002. TO THE 4TH RESPONDENT. EXT.P2. COPY OF THE REPLY ON 1.4.2002. EXT.P3. COPY OF THE PETITION BEFORE THE FAMILY COURT. EXT.P4.COPY OF THE BIRTH CERTIFICATE. EXT.P5.COPY OF THE EXTRACT OF RELEVANT MADHYAMAM DAILY REPORT DATED 11.8.2003. EXT.P6. COPY OF THE EXTRACT OF RELEVANT MANORAMA DAILY REPORT DATED 11.8.2003. EXT.P7. COPY OF THE EXTRACT OF RELEVANT DESHABHIMANI DAILY REPORT DATED 11.8.2003. EXT.P8. COPY OF THE REPORT ON 19.10.2003 EXT.P9. COPY OF THE COMPLAINT ON 9.8.2004 BEFRE THE SUPERINTENDENT OF POLICE, KANNUR. EXT.P10. COPY OF THE REPRESENTATION DATED 19.8.2003 TO THE DIRECTOR GENERAL 0F POLICE, THIRUVANANTHAPURAM. P.S. TO JUDGE. /TRUE COPY / RESPONDETS EXHIBITS.: NIL. VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.27419 OF 2004 --------------------------------------------- Dated 13th September, 2010 JUDGMENT Petition is filed by the wife of fourth respondent under Article 226 of Constitution of India for a writ of mandamus to direct Superintendent of Police and Director General of Police to conduct investigation on Ext.P9 complaint and a further direction to investigate the offence of fabrication of birth register of the child born to one Manju. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 3. As held by the Apex Court in Sakiri Vasu v. State of U.P (2008 (1) KLT 724) when the allegation of the petitioner Wpc 27419/04 2 is that there is no proper investigation in respect of the complaint filed by the petitioner before Superintendent of Police, remedy is to approach the concerned Magistrate under Section 156(3) of Code of Criminal Procedure and not to rush to the High Court under Article 226 of Constitution of India. Granting liberty to approach the learned Magistrate under Section 156(3) of Code of Criminal Procedure, petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.