IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 36013 of 2008(K) -------------------------- PETITIONER(S): --------------- P.P. MAKKAR, AGED 68 YEARS, S/O. PAREED, PALLICHAMKUDI HOUSE, VAZHAKKALA VILLAGE, KAKKANAD. BY ADV. SRI.SURESH JOSE SRI.P.K.ABDUL RAHIMAN (CHELAKULAM) RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE, KERALA STATE, HEAD QUARTERS, THIRUVANANTHAPURAM. 2. CITY POLICE COMMISSIONER, ERNAKULAM. 3. CIRCLE INSPECTOR OF POLICE, KALAMASSERY. 4. MINISTRY OF EXTERNAL AFFAIRS (HAJI & WAKAF( NEW DELHI, REP. BY ITS SECRETARY. 5. PAREED, SECRETARY, MIC HAJJ CELL, KALAMASSERY, KOCHI -33. 6. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. GOVERNMENT PLEADER SRI.S.U.NAZER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.36013 of 2008 ---------------------------------------- Dated this the 5th day of December 2008 J U D G M E N T The petitioner has a grievance that the 5th respondent has committed offences punishable inter alia under Section 420 I.P.C. According to him, he made complaints to the police. Exts.P2 and P3 are the complaints filed before respondents 1 and 2. No action has been taken on such complaint. The petitioner has hence come to this court with a prayer to issue directions under Article 226 of the Constitution of India. 2. The request, I am afraid, cannot be entertained. In the light of the decision in Sakiri Vasu v. State of U.P & Others [2008 AIR SCW 309] which has been followed by this court in John v. State of Kerala [2008(1) KLT 462], a person who has a grievance that his complaint is not being entertained by the police officials, cannot rush to this court with applications under Article 226 of the Constitution of India or under Section 482 Cr.P.C. He must exhaust the equally efficacious remedy available to him under Section 156(3) Cr.P.C. The petitioner has not done the same. This writ petition, at the instance of the petitioner, cannot hence be entertained. W.P.C.No.36013/2008 2 3. This writ petition is, in these circumstances, dismissed; but with the specific observation that the the dismissal of this writ petition will not in any way fetter the rights of the petitioner to approach the learned Magistrate with appropriate application under Section 156(3) Cr.P.C. (R.BASANT, JUDGE) jsr W.P.C.No.36013/2008 3 W.P.C.No.36013/2008 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007