IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 31696 of 2010(J) --------------------------------------- PETITIONER(S): ----------------------- KUNHALAN HAJI, S/O.KOYAKUTTY, UMMATHOOR HOUSE, PADAPPARAMBA-PO, VATTALLOOR, PUZHAKKATTIRI AMSOM AND PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): -------------------------- 1. SUPERINTENDENT OF POLICE, (RURAL) ERNAKULAM, ALWAYE, ERNAKULAM DISTRICT, PIN- 683 1O1. 2. SUB INSPECTOR OF POLICE, KALADY, PIN-683 108. 3. NIJIL JACOB, S/O.JACOB, EDANAD KARAYIL, CHOWARA VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN- 683 103. R1 & R2 BY GOVT. PLEADER SMT.REKHA C.NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.31696 OF 2010 --------------------------------------------- Dated 15th October, 2010 JUDGMENT Petition is filed under Article 226 of Constitution of India for a writ of mandamus directing first respondent to enquire Ext.P3. 2. Learned counsel appearing for the petitioner was heard. 3. If grievance of the petitioner is that a congnizable offence was committed and a complaint was filed before the Station House Officer and it is not being investigated, remedy is to approach the concerned Magistrate under Section 156(3) of Code of Criminal Procedure. If it is a non cognizable offence, petitioner has to Wpc 31696/10 2 file a complaint before the concerned Magistrate. Petitioner is not entitled to approach this Court by filing a writ petition, without approaching the learned Magistrate. Petition is dismissed with liberty to seek appropriate remedy. M.SASIDHARAN NAMBIAR, JUDGE. uj.