IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Crl.MC.No. 97 of 2010() ---------------------------------- PETITIONER(S): ------------------------- SURESH BABU.C.H, S/O.ACHUTHAN, MOOKAMBIKA NIVAS, P.O.PONNYAM WEST, VIA THALASSERI, KANNUR. BY ADV. MR.MANJERI SUNDERRAJ RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY STATION HOUSE OFFICER, VATAKARA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. P.RAVEENDRAN, S/O.CHANDU, PULIYULLATHIL HOUSE, P.O.VARIKKOLI, VIA KALLACHI, KOZHIKODE. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.97 OF 2010 =========================== Dated this the 12th day of January,2010 ORDER This petition is filed under section 482 of the Code of Criminal Procedure for direction to the first respondent to conduct a proper investigation of Ext.P4 complaint and to file a final report to the Magistrate and also to direct the Chief Judicial Magistrate to monitor the investigation, alleging that inspite of Annexure 4 filed before the Deputy Superintendent of Police, no investigation is conducted. 2. When a complaint is filed alleging commission of a cognizable offence and no case is registered and investigated, remedy of the petitioner is to file a complaint before the concerned Magistrate. On such complaint, Magistrate would either sent the complaint for Crl.M.C.97/2010 2 investigation under section 156(3) or conduct an inquiry under section 202 of Code of Criminal Procedure and may take cognizance of the offence. As held by the Apex Court in Sakiri Vasu v. State of U.P. (2008(1) KLT 724) without exhausting the remedy provided under section 156(3), petitioner is not entitled to approach this court by filing a petition under section 482 of Code of Criminal Procedure. Granting liberty to approach the concerned Magistrate by filing a complaint, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006