IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 5575 of 2010(Q) ------------------------------------- PETITIONER: ------------------- THE ASSOCIATION FOR WELFARE OF THE HANDICAPPED REGISTERED NO.26/75 UNDER THE SOCIETIES REGISTRATION ACT., M.SQUARE COMPLEX, PAVAMANI ROAD, KOZHIKODE, REP. BY ITS PRESIDENT DR.KUNHI AHAMMED KUTTY, S/O.KUNHI MOIDEENKUTTYHAJI, AGED 68 YEARS. BY ADV. MR.K.M.SATHYANATHA MENON. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE. 2. THE COMMISSIONEROF POLICE, KOZHIKODE. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, TRIVANDRUM. R1 TO R3 BY GOVT. PLEADER MR. K.S. SIVAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)5575 OF 2010 =========================== Dated this the 9th day of March,2010 JUDGMENT This petition is filed under Article 226 of the Constitution of India for a writ of mandamus directing the respondents to register a crime in view of Ext.P5 complaint filed by the petitioner before the Sub Inspector of Police, Kozhikode. 2. Learned counsel appearing for the petitioner was heard. 3. As declared by the Apex Court in Sakiri Vasu v. State of U.P. (2008(1) KLT 724) when the grievance of the petitioner is that inspite of Ext.P5 complaint filed before the Sub Inspector of Police, no crime is registered, remedy of the petitioner is to approach the Magistrate under section 156(3) of the Code of Criminal Procedure. With liberty to approach W.P.(C)5575/2010 2 the Magistrate, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006