IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 30245 of 2008(A) -------------------------- PETITIONER: -------------- BEENA, W/O.REJIMON @ SHAJAHAN, CHERUTHAZHAYIL HOUSE, PAVUKKARA.P.O, CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.J.DEVADANAM SRI.PRAMOD J.DEV RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. MARY VARGHESE @ MARYAMMA, D/O.JOSEPH, PALLITHAZHATH HOUSE, KARIMKUNNAM VILLAGE, THODUPUZHA, IDUKKI DISTRICT. R1 & R2 BY GOVERNMENT PLEADER, SRI. S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- W.P.(C) No. 30245 OF 2008 ----------------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT Petitioner, a woman, has a grievance that she was fraudulently deceived by the 3rd respondent and others. She allegedly lodged Ext.P1 complaint before the Superintendent of Police (who has not been arrayed as the respondent in this case) and Ext.P4 complaint before the 2nd respondent. Her grievance is that no action has been taken on such complaints. No FIR even has been registered, it is lamented. 2. After the decision in Sakri Vasu v. State of U.P.[2008 (1) KLT 724(SC)], which has been followed by this Court in John V. State of Kerala [2008(1) KLT 462], it is trite that a person with a grievance like the one raised by the petitioner in this case cannot come directly to this Court with an application under Section 482 Cr.P.C or under Article 226 of the Constitution. Such a person with such a grievance must exhaust his equally efficacious remedy available under Section 156(3) Cr.P.C, unless there are exceptional reasons. No exceptional reasons are shown to exist. W.P.(C). No. 30245 OF 2008 -:2:- 3. I need, in these circumstances, only mention that the petitioner must approach the learned Magistrate with her grievance as indicated in the decisions referred above. Needless to mention, if petitioner files an application before the learned Magistrate, the learned Magistrate will have to consider the same on merits, in accordance with law and in the light of the observations in the two decisions referred above. The dismissal of this writ petition will not in any way fetter the rights of the petitioner to approach the learned Magistrate with such an application. With the above observation, this petition is dismissed. R. BASANT, JUDGE ttb W.P.(C). No. 30245 OF 2008 -:3:- W.P.(C). No. 30245 OF 2008 -:4:-