IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 11312 of 2009(Q) -------------------------- PETITIONER(S): --------------- C.MOHANAN PILLAI, IKKARAKUTTYVILAYIL, MYNAGAPPALLY SOUTH. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, SASTHAMKOTTA POLICE STATION, SASTHAMKOTTA, KOLLAM. GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- W.P(C)No. 11312 OF 2009 --------------------------------- Dated this the 6th day of April, 2009 JUDGMENT This petition is filed with a prayer to direct the respondent to submit the final report before the Judicial First Class Magistrate Court, Sasthamkotta in respect of Crime No.57/2008. The grievance of the petitioner is that he moved a complaint before the Magistrate which was referred under Section 156(3) for investigation. What is the position to be done has been clearly laid down in the decision reported by this Court in John v. State of Kerala [2008 (1) KLT 462]. This Court held that “The High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C. Simply because a person has a grievance that his FIR has not been registered by the police, for after being registered proper investigation has not been done by the police, or this grievance, the remedy lies under Ss. 36 and 154(3) before the concerned police officers, and if that is of no avail, under S. 156(3) Cr.P.C before the Magistrate or by filing a criminal complaint under S. 200 Cr.P.C and not by W.P(C)No. 11312 OF 2009 -2- filing a writ petition or a petition under S. 482 Cr.P.C.” Reserving the right of the petitioner to do so in accordance with law as laid down in this decision, the writ petition is closed. M.N. KRISHNAN, JUDGE vkm