IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Crl.MC.No. 3680 of 2008() ------------------------- CRIME NO.174 OF 2008 OIF PERUNAD POLICE STATION CMP.2333/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI .................... PETITIONER/DEFACTO COMPLAINANT: ------------------------------------------------------ K. RADHAMONI, AGED 65 YEARS W/O. LATE P.S. VASUDEVAN PILLAI PUTHENMADOM, RANNI – PERUNAD P.O. PATHANAMTHITTA DIST. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENT(S/COMPLAINANT/STATE: -------------------------------------------------------- 1. S.I. OF POLICE, PERUNAD POLICE STATION PATHANAMTHITTA DIST. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3680 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of September, 2008 O R D E R The petitioner is the defacto complainant in crime No.174 of 2008 of Perunad police station and that crime has been registered alleging offences including non-bailable offence. The first accused in that case is one P.S.Mohanan. Though the crime has been registered, the said accused has not been arrested yet. He is at large. In the meantime, the said Mohanan has come before the learned Magistrate, before whom the F.I.R in crime No.174 of 2008 is filed as a complainant in C.M.P.No.2333 of 2008 alleging the offence of defamation under Section 500 Cr.P.C. The petitioner is one of the accused in that private complaint. 2. At this juncture the petitioner has come to this Court with this petition. What is the grievance? The learned counsel for the petitioner submits that the said first accused, Mohanan, is a very influential person. Though an F.I.R. has been registered, Crl.M.C.No. 3680 of 2008 2 he has not been arrested. He has not surrendered before the learned Magistrate. But with impunity he is appearing before the court as a complainant. Appropriate direction may hence be issued, it is submitted. 3. I find the prayer to be misconceived. As soon as an F.I.R. is registered it is not the law that the person must rush to the nearest court and seek bail. The Investigating Officer, in the course of investigation, if he finds it necessary, may arrest the accused. It is not the law at all that such arrest must invariably take place. Nor is it the law that as soon as the F.I.R. is registered that person must go before the learned Magistrate and seek regular bail. In the course of investigation the allegation may be found to be not acceptable, in which event, there is no question of such person being arrested at all. Registration of a crime cannot be used as an effective weapon against such accused person approaching the court for other relief, which he is otherwise entitled to. In these circumstances I find no merit in the prayer for a direction under Section 482 Cr.P.C. 4. The petitioner appears to entertain a grievance that Crime No. 174 of 2008 is not being investigated properly. If that is the grievance, Crl.M.C.No. 3680 of 2008 3 the petitioner can certainly approach the learned Magistrate with appropriate prayer under Section 156(3) Cr.P.C. as explained in the dictum in Sakiri Vasu v. State of U.P. (2008 (1) KLT 724 (SC) and as followed in Vasanthi Devi v. S.I. of police (2008 (1) KLT 945). In any view of the matter, I am not satisfied that any direction under Section 482 Cr.P.C. can or need be issued in favour of the petitioner. This Crl.M.C. is accordingly dismissed. (R. BASANT) Judge tm