IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 1005 of 2009(T) --------------------------------------- PETITIONER(S): ------------------------ V.C.VARGHESE, VALIYAKORATTY HOUSE, CHUTTUPADUKARA, VILABHAGOM, THIRUVANANTHAPURAM. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, C.B.I. SPECIAL POLICE ESTABLISHMENT, KATHRIKKADAVU, COCHIN – 20. 4. THE DIRECTOR, DIRECTORATE OF STATE LOTTERIES, VIKASBHAVAN, THIRUVANANTHAPURAM. 5. THE JOINT DIRECTOR, DIRECTORATE OF STATE LOTTERIES, VIKASBHAVAN, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.A. SALIM FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R.BASANT, J. ---------------------- W.P..C.No.1005 of 2009 ---------------------------------------- Dated this the 12th day of January 2009 J U D G M E N T The petitioner has a grievance about the conduct of lottery in Kerala by the Government. He had allegedly purchased a book containing ten lottery tickets and had paid the price thereof to the authorised agent of Kerala Government. According to the petitioner, one ticket which ought to have been in that book, had got the third prize of Rs.1,00,000/-. But according to him, when he opened the book after coming to know that the prize was won by that ticket, he found that his ticket book had only nine tickets and this particular ticket, which bagged the prize, was not available in the book. According to him, he lodged a complaint Ext.P2 before the Director General of Police. There has been no effective action on the basis of that complaint. 2. The petitioner is aggrieved by the non-registering of the crime on the basis of his complaint. He has raised a further grievance that even if the crime is registered, no proper investigation is likely to be conducted. Therefore, he wants a direction to be issued to the C.B.I to conduct the investigation. I W.P.C.No.1005/09 2 am afraid, I am unable to agree. I find absolutely no reason to straight away direct an investigation by the C.B.I. After the decision in Sakiri Vasu v. State of U.P & Others [2008 AIR SCW 309], a person with such a grievance - primarily of non- registration of an F.I.R on the basis of his complaint, cannot rush to this court with petitions under Article 226 of the Constitution of India or under Section 482 Cr.P.C. It is up to him to approach the learned Magistrate with a proper complaint and request the learned Magistrate to issue appropriate directions under Section 156(3) Cr.P.C. The petitioner has not complied with the dictum in Sakiri Vasu (Supra). He has now chosen to come to this court. The mere fact that he wants the investigation to be conducted by the C.B.I is, according to me, not a sufficient reason at this stage to entertain this writ petition notwithstanding the mandate of Sakiri Vasu (Supra). The petitioner must seek appropriate directions under Section 156(3) Cr.P.C. Of course, if his grievance remains without redressal even after taking recourse to such avenue, he shall be at liberty to come to this court to raise appropriate grievance. W.P.C.No.1005/09 3 3. The petitioner apprehends that if he hands over the ticket book, the same may be tampered with by the police at the instance of those responsible for running the lottery. Needless to say, the petitioner can insist that when the book is seized by the police, if they do so after registering the crime, the same can be done only under a valid mahazer with copy furnished to him giving all necessary details. (R.BASANT, JUDGE) jsr W.P.C.No.1005/09 4 W.P.C.No.1005/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008