IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 9636 of 2010(Q) --------------------------------------------- PETITIONER(S): ----------------------- ADNAN A.P., SON OF MAMMIKUTTY A.P., A.P.M. MANZIL, PAYYANANGADI, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.ALAN PAPALI RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 4. THE STATION HOUSE OFFICER, TIRUR POLICE STATION, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.9636 of 2010 = = = = = = = = = = = = = = Dated this the 19 th day of May, 2010 JUDGMENT In this writ petition filed under Article 226 of the Constitution of India the petitioner seeks a direction to the Director General of Police to issue necessary direction to the 4th respondent Station House Officer, Tirur Police Station to register a case on the basis of Ext.P5 complaint lodged by him before the Director General of Police. 2. The case of the petitioner is as follows:- He is an Engineering Graduate. He completed Engineering in Computer Science from Rajagiri School of Engineering and Technology, Kakkanad, Kochi. He is hailing from Tirur. On 4.2.2010, the petitioner along with his mother, younger brother, a friend of his younger brother and their maid servant who belongs to 'Mannnathy' went for a festival known as “Kallingal Nercha” in an auto rickshaw driven by the petitioner. After attending the festival while he was about to W.P(C) No.9636 of 2010 2 return home by starting the auto rickshaw, a Police Constable by name Viswanathan abused him in a filthy language saying that he was not expected to park the vehicle there. The petitioner replied that he had no intention to park the vehicle and he was returning home. The Police Constable again abused him and beat him on his left ear. The petitioner sustained grievous injuries impairing his hearing faculty as evidenced by Exts.P3 and P4. The petitioner was then taken into the custody and taken to the Tirur Police Station where he was detained till 4 p.m on 5.2.2010. With a view to save the erring Police Constable, the Sub Inspector of Police registered a false case against the petitioner as crime No.132/2010 alleging offences punishable under Section 353,283 IPC and Sections 119,179(1) of the Motor Vehicles Act, 1988. When produced before the Magistrate the petitioner made specific allegation of torture and also about the false case registered against him. Eventhough, while the petitioner was undergoing treatment in Malabar W.P(C) No.9636 of 2010 3 Institute of Medical Sciences Ltd., intimation was given to the Police, the Police did not turn up. Since the petitioner was apprehensive of the Tirur Police, he did not approach that Police with a complaint. Instead he filed Ext.P5 complaint before the Director General of Police narrating the entire facts and requesting him to issue a direction to register a case against the erring Police Officer. In the light of the decision of the Apex Court in Zakiri Vasu v. State of U.P. (2008(1) KLT 724 SC) either a writ petition under Article 226 or a petition under Sec.482 Cr.P.C is not a remedy for failure on the part of the Police to register a crime. The remedy of the petitioner is either to file a private complaint before the Magistrate concerned or move the Magistrate under Section 156(3)Cr.P.C. This writ petition is disposed of leaving the petitioner to seek any of the aforesaid remedies. Dated this the 19 th day of May, 2010. V. RAMKUMAR, JUDGE sj