IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 31802 of 2010(A) -------------------------- PETITIONER: --------------- MOHAN THOMAS, VALIYA KALAYIL HOUSE, KURIYANNORE.P.O., VIA. THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689550. BY ADVS. SRI.K.MADHUSOODHANAN NAIR SRI.K.K.SETHUKUMAR RESPONDENTS: --------------------- 1. DIRECTOR OGENERAL OF POLICE (LAW & ORDER) POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF POLICE, CYBER CRIMES, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY SUPERINTENDENT OF POLICE, CYBER CRIME POLICE STATION, KERALA, THIRUVANANTHAPURAM. 4. BHARTI AIRTEL SERVICES LTD., AIRTEL HOUSE, 28/243, NEAR MALAYALA MANORAMA, PANAMPALLY NAGAR, COCHIN-682036. BY GOVERNMENT PLEADER, SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.31802 OF 2010 --------------------------------------------- Dated 13th December, 2010 JUDGMENT Petition is filed under Article 226 of Constitution of India, for a direction to conduct proper investigation based on Ext.P1 complaint filed before Inspector General of Police, Cyber Crimes, based on which Ext.P2 FIR was registered contending that the case is not being properly investigated. 2. As held by the Apex Court in Sakiri Vasu v. State of U.P (2008 (1) KLT 724), remedy of the petitioner is to approach the concerned Magistrate and not to rush to the High Court by filing a petition under Article 226 of Constitution of India. With liberty to approach the Wpc 31802/10 2 concerned Magistrate under Section 156(3) of Code of Criminal Procedure, petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.