IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 12905 of 2010(Q) -------------------------- PETITIONER(S): --------------- 1. T.T.MUHAMMED ALI,THEKKARATHODIKA HOUSE, CHANDRAKUNNU PO, NILAMBUR, MALAPPURAM DISTRICT. 2. C.K.SHAJIMON,S/O.KUNHIMOIDU, CHERLAKKODAN HOUSE, VRINDAVAN COLONY, CHANDAKUNNU PO, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): --------------- 1. MALAPPURAM DISTRICT RUBBER BASED INDUSTRIAL CO-OPERATIVE SOCIETY LTD., S.IND-M-144, ASHIF BUILDINGS, P.B.NO.41,UP HILL, MALAPPURAM REP. BY ITS SECRETARY. 2. THE PRESIDENT, MALAPPURAM DISTRICT RUBBER BASED INDUSTRIAL CO-OPERATIVE SOCIETY LTD., S.IND-M-144,ASHIF BUILDINGS, P.B.NO.41,UP HILL, MALAPPURAM . 3. THE GENERAL MANAGER, DISTRICT INDUSTRIAL CENTRE, MALAPPURAM. 4. THE JOINT REGISTRAR,CO-OPERATIVE SOCIETIES DEPARTMENT,MALAPPURAM. 5. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTICORRUPTION BUREAU, MALAPPURAM. GOVERNMENT PLEADER MR.B.VINOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb V.RAMKUMAR, J. ------------------------------------- W.P(C) No.12905 OF 2010 -------------------------------------- Dated this the 14th day of June, 2010 JUDGMENT Petitioners, who claim to be members of the 1st respondent, Malappuram District Rubber based Industrial Co- operative Society Ltd, South India-M-144, seek a direction to the Deputy Superintendent of Police, Vigilance and Anticorruption Bureau, Malappuram, to investigate the criminal misappropriation, breach of trust and cheating allegedly committed by the President and Secretary of the 1st respondent Society. 2. The petitioners have not lodged any complaint before the 5th respondent. Even if they had lodged any complaint before the 5th respondent who is an S.H.O, refusal to register a crime by 5th respondent cannot give rise to a cause of action for the writ petition. The remedy of the petitioner in the light of the decision in Sakkiri Vasu v. State of Uttar Pradesh [2008 (1) KLT (724) SC] is to approach the concerned court having jurisdiction over the 5th respondent. The prayer of the petitioners cannot be granted in a petition filed under Section 226 of Constitution of India. W.P(C) No.12905 of 2010 : 2 : This writ petition is accordingly dismissed without prejudice to the right of the petitioners to move the appropriate court by filing a complaint seeking necessary action against the persons responsible for the alleged misappropriation, breach of trust and cheating etc. V.RAMKUMAR, JUDGE dmb